ROL_2015-04-24_16k_Hr3-4.timecode
[00:00.000 --> 00:10.560] The Disney Splash is brought to you by the Lone Star Lowdown, providing your daily bulletins
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[00:12.080 --> 00:23.840] Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.840 --> 00:32.480] Texas today opened up with gold at $1,193.78 an ounce, silver $15.88 an ounce, Texas crude
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[00:44.320 --> 00:49.520] Today in history, Monday, April 24th, 1961, then President John F. Kennedy announced his
[00:49.520 --> 00:53.160] sole responsibility following the Bay of Pigs incident.
[00:53.160 --> 00:57.760] Bay of Pigs was an attempt by US trained and backed Guatemalan guerrilla revolutionaries
[00:57.760 --> 01:03.240] just a few days before in invading Cuba and overthrowing Castro regime.
[01:03.240 --> 01:12.240] They were, however, neutralized and captured for over a year.
[01:12.240 --> 01:18.560] In recent news, California's vaccine mandate bill SB 277 was apparently postponed last
[01:18.560 --> 01:24.320] week to allow for Democratic Senator Ben Allen of Santa Monica and Richard Pan of Sacramento
[01:24.320 --> 01:29.680] to push to replace seats on the committee with pro-vaccine industry spokespersons.
[01:29.680 --> 01:35.800] It was also rescheduled as a vote only item, which essentially meant that no one in opposition
[01:35.800 --> 01:39.960] was allowed to testify on the amendments added to the bill.
[01:39.960 --> 01:49.520] SB 277 was passed on Wednesday.
[01:49.520 --> 01:53.640] The president yesterday took full responsibility for the counter terrorist efforts of the United
[01:53.640 --> 01:59.920] States in the inadvertent murder of Warren Weinstein, 73 year old of Rockville, Maryland,
[01:59.920 --> 02:04.960] who was unfortunately killed alongside an Italian hostage back in January during a drone
[02:04.960 --> 02:11.960] strike that was targeting an Al Qaeda compound in Pakistan near the Afghani border.
[02:11.960 --> 02:15.080] Warren was four days away from leaving Pakistan alive.
[02:15.080 --> 02:25.200] He had spent nearly four years as an Al Qaeda hostage.
[02:25.200 --> 02:30.200] Canada is now the first country in the world to require that for every new regulation introduced,
[02:30.200 --> 02:32.920] one of equivalent burden must be removed.
[02:32.920 --> 02:40.360] The Red Tape Reduction Act, or C-21, has been operating as policy for several years already.
[02:40.360 --> 02:45.120] It requires that the cost of new rules and regulations be quantified and that equal or
[02:45.120 --> 02:51.320] greater costs and regulations be removed.
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[03:01.080 --> 03:28.280] This has been the Lowdown for April 24th, 2015.
[03:28.280 --> 03:36.480] We are back, Randy Kelton, East Kidmore, Blue Law Radio, and we're talking to Pat in Texas
[03:36.480 --> 03:42.040] about this examining trial.
[03:42.040 --> 03:49.040] Are they calling this an examining trial or a ring that...
[03:49.040 --> 03:57.320] I got noticed by the court coordinator that we have an examining trial at 1030 on May
[03:57.320 --> 04:04.280] 12th in Sanderson at the 83rd District Court in the courthouse on the second floor.
[04:04.280 --> 04:09.360] So if anybody wants to show up, please do, I need a lot of witnesses, court watchers
[04:09.360 --> 04:10.360] and otherwise.
[04:10.360 --> 04:18.520] Sanderson is not a city worth going around for, there's two places to eat in town, so
[04:18.520 --> 04:23.760] please bring your own food, you'll save yourself a trip to the bathroom.
[04:23.760 --> 04:30.320] I'm sorry, I don't speak highly of it, but there's nothing to speak highly of.
[04:30.320 --> 04:33.600] But the examining trial has been called.
[04:33.600 --> 04:44.720] Now I've already had a bond hearing where the JP, that was that night, and she had all
[04:44.720 --> 04:46.160] the documents and charges.
[04:46.160 --> 04:51.920] I have not seen anything as of yet.
[04:51.920 --> 04:56.280] So we're smitten documents into the court.
[04:56.280 --> 05:01.120] Have you read to Chapter 16 Code of Criminal Procedure?
[05:01.120 --> 05:02.120] Yeah.
[05:02.120 --> 05:03.120] Okay.
[05:03.120 --> 05:10.320] Examining trial, first thing is, the first thing they do is advise you of your rights.
[05:10.320 --> 05:17.040] Then you have a statutory right to make a statement.
[05:17.040 --> 05:25.840] That statement must be recorded and when the court makes a determination, they must issue
[05:25.840 --> 05:36.680] an order under 1617 and under 1730, they must seal all documents and if names the statement
[05:36.680 --> 05:43.440] by the accused, any affidavits and all other documents including in the hearing must be
[05:43.440 --> 05:52.160] sealed in an envelope with the magistrate must write his name across the seal of the envelope
[05:52.160 --> 05:55.080] for the court of, clerk of the court of jurisdiction.
[05:55.080 --> 05:58.760] So first thing has to happen is you get an opportunity to give a statement.
[05:58.760 --> 06:04.240] I'm going to bet you what they're going to hold is it's an arraignment hearing.
[06:04.240 --> 06:09.200] An arraignment hearing is a hearing for the purpose of determining the identity of the
[06:09.200 --> 06:11.800] accused in taking a plea.
[06:11.800 --> 06:19.000] Well, I'm not making a plea because they've never gotten jurisdiction.
[06:19.000 --> 06:20.000] That's right.
[06:20.000 --> 06:27.840] So that's relatively certain if this is in the court of jurisdiction, they're going to
[06:27.840 --> 06:36.400] treat this as an arraignment hearing and not as an examining trial.
[06:36.400 --> 06:43.520] I suggest you go in with a petition for court of inquiry.
[06:43.520 --> 06:44.520] So often?
[06:44.520 --> 06:47.880] Are you familiar with court of inquiry?
[06:47.880 --> 06:51.520] I know what it's for, but who do you want me to submit it to?
[06:51.520 --> 07:03.640] The district judge, the court of inquiry is submitted to a district judge and he has no
[07:03.640 --> 07:06.480] power to dismiss it.
[07:06.480 --> 07:11.440] He must notify the head administrative judge of the district and head administrative judge
[07:11.440 --> 07:20.840] of the district to set a hearing, to appoint a judge to hear the court of inquiry.
[07:20.840 --> 07:25.040] Court of inquiry is in TCCP, right?
[07:25.040 --> 07:26.040] Yeah.
[07:26.040 --> 07:27.040] All right.
[07:27.040 --> 07:29.760] The court of inquiry procedure chapter 52.
[07:29.760 --> 07:30.760] 52.
[07:30.760 --> 07:31.760] All right.
[07:31.760 --> 07:36.720] I knew I'd read it, I read that whole thing forwards and backwards, I don't know how many
[07:36.720 --> 07:38.520] times since this occurred.
[07:38.520 --> 07:39.520] So.
[07:39.520 --> 07:40.520] Okay.
[07:40.520 --> 07:43.640] I'm going to, have you been listening to the show lately?
[07:43.640 --> 07:44.640] Yeah.
[07:44.640 --> 07:45.640] Well, when I can.
[07:45.640 --> 07:46.640] Okay.
[07:46.640 --> 07:50.800] Have you heard the part about grand juries, what I've been doing lately?
[07:50.800 --> 07:52.800] Yeah, I have.
[07:52.800 --> 07:58.840] And I really am impressed with that because I've been blocked three times with the grand
[07:58.840 --> 07:59.840] jury.
[07:59.840 --> 08:08.000] So what I was going to suggest is introduce these guys to the deep end of the pool and
[08:08.000 --> 08:16.080] make up a set of criminal complaints and bring them up here to Tarrant County or take them
[08:16.080 --> 08:22.200] to Travis County or send them to every county in the state.
[08:22.200 --> 08:28.400] I can do that too, to the foreman of the jury.
[08:28.400 --> 08:40.480] Yeah, and put in a, essentially a brief showing that the prosecuting attorney has no power
[08:40.480 --> 08:42.480] to intercede.
[08:42.480 --> 08:49.680] Well, what's funny here, Randy, is we have history with this DA.
[08:49.680 --> 08:54.760] You remember all the criminal complaints I had seven years ago against the border patrol,
[08:54.760 --> 08:59.800] the sheriff, the county attorney, the county judge, and everybody else because they refused
[08:59.800 --> 09:05.680] to do their jobs after the border patrol destroyed one of my fences.
[09:05.680 --> 09:13.360] That was only $2,000 worth of material plus labor, but nobody wanted to take the complaint.
[09:13.360 --> 09:17.680] Well, the DA told the county judge when the county judge ran out of the courtroom with
[09:17.680 --> 09:23.800] him to have me file a civil lawsuit to recoup my law.
[09:23.800 --> 09:30.960] He refused to prosecute, and so I went to the grand jury directly at that point with
[09:30.960 --> 09:34.200] more criminal complaints, even against him.
[09:34.200 --> 09:40.920] But both of our district judges, we have the 83rd, which is where I'm in right now, and
[09:40.920 --> 09:52.160] the 62nd, I believe it is, both the judges were former assistant DAs in this DA's office.
[09:52.160 --> 09:54.080] Please work for him.
[09:54.080 --> 09:57.080] I would move to disqualify.
[09:57.080 --> 10:00.960] Or let's think about this politically.
[10:00.960 --> 10:06.240] You've got two district judges that worked for the DA.
[10:06.240 --> 10:13.920] So instead of just saying, well, because they worked for them, I can't trust them not to
[10:13.920 --> 10:17.840] be prejudiced.
[10:17.840 --> 10:20.040] Get them to not be prejudiced.
[10:20.040 --> 10:22.040] I mean, get them to be prejudiced.
[10:22.040 --> 10:23.920] Get them to act improperly.
[10:23.920 --> 10:29.240] And then you make the complaint against them claiming that they acted in this reprehensible
[10:29.240 --> 10:38.240] manner because they were employed by the district attorney, because they are improperly influenced
[10:38.240 --> 10:40.160] by the district attorney.
[10:40.160 --> 10:45.360] Now, they have too close of a working relationship.
[10:45.360 --> 10:53.680] And bringing out of their county, and you talk to some other district attorneys, everybody's
[10:53.680 --> 10:56.520] got enemies.
[10:56.520 --> 11:00.960] And if you demonstrate to the district attorney that he has no power to intercede and then
[11:00.960 --> 11:07.300] go after the district, say you go to another county and the district attorney refuses to
[11:07.300 --> 11:10.600] give your complaints to the grand jury, then you go after him.
[11:10.600 --> 11:17.040] Well, he is not going to be a happy camper with you filing complaints against him for
[11:17.040 --> 11:25.040] not filing, acting on or giving complaints to the grand jury against this other DA.
[11:25.040 --> 11:29.000] Now he's getting stung for protecting this Trump over here.
[11:29.000 --> 11:34.920] Yeah, we've already filed one criminal complaint right up front, and that was the day after
[11:34.920 --> 11:41.320] the stop, and that was for aggravated robbery under the color of law against a handicapped
[11:41.320 --> 11:42.320] man.
[11:42.320 --> 11:48.320] That's only a class A felony, first time out, 25 to life, mandatory.
[11:48.320 --> 11:53.800] You know, they can't rule any other way if they're found guilty.
[11:53.800 --> 11:54.800] Well...
[11:54.800 --> 11:59.080] Well, wait a minute, there's something else there.
[11:59.080 --> 12:05.080] Are you familiar with 2202B2A aggravated assault?
[12:05.080 --> 12:07.200] No.
[12:07.200 --> 12:09.600] This is what it says.
[12:09.600 --> 12:18.880] If a person commits simple assault and defined by 2201, and simple assault is offensive touching
[12:18.880 --> 12:26.520] or language that a reasonable person of ordinary prudence would find offensive or threatening.
[12:26.520 --> 12:32.080] If a person commits simple assault while prominently displaying a deadly weapon, that's a second
[12:32.080 --> 12:42.640] degree felony, unless the person is a public official acting under color or pretense of
[12:42.640 --> 12:56.720] official capacity, in which case it's a felony of the first degree, muhaha, so he was going
[12:56.720 --> 13:03.520] to stop you and give you a warning ticket, and then he accused you of evading arrest
[13:03.520 --> 13:11.560] that when there was no intent to arrest, so you can't evade an arrest.
[13:11.560 --> 13:14.720] It wasn't going to happen.
[13:14.720 --> 13:23.280] And then he exerted or purported to exert an authority he did not expressly have while
[13:23.280 --> 13:29.120] prominently denied you the form for access to enjoyment of right, while prominently displaying
[13:29.120 --> 13:34.520] a deadly weapon, right there in the code.
[13:34.520 --> 13:38.720] And then, you know, they gave me that free ride, which is, you know, really and truly
[13:38.720 --> 13:45.120] it's not a bad automobile, it's just that the seating arrangements lack something.
[13:45.120 --> 13:46.720] Yes, they do.
[13:46.720 --> 13:52.600] I'm familiar with those seating arrangements.
[13:52.600 --> 13:57.640] Due to those seating arrangements and the way I was placed, I actually got to sit up
[13:57.640 --> 13:58.640] front.
[13:58.640 --> 14:03.400] I got to see everything and listen to the radio transmissions and everything.
[14:03.400 --> 14:09.000] He found out real fast, even on the next, that I was totally clean.
[14:09.000 --> 14:14.000] Well, I have been most of my life, anyway.
[14:14.000 --> 14:19.920] I don't even have a traffic ticket in the last 40 years, but that's another whole side
[14:19.920 --> 14:28.360] thanks to Eddie and his little program and his class on Sundays.
[14:28.360 --> 14:35.360] But there were some photographs made of my arm by my doctor and some other things done.
[14:35.360 --> 14:43.920] So the way I was placed in there with my hands behind my back and not allowed to sit halfway
[14:43.920 --> 14:50.760] decently, there was a lot of damage done to my right arm, which doesn't work in the first
[14:50.760 --> 14:54.320] place, and my left wrist.
[14:54.320 --> 14:58.320] And now I'm supposed to put a brace on that I can't put on because I only have one hand
[14:58.320 --> 15:01.320] and that's the hand I have to put the brace on.
[15:01.320 --> 15:06.840] So this is an oxymoron going on here, a little conundrum.
[15:06.840 --> 15:10.600] But this whole thing is more than just me.
[15:10.600 --> 15:13.560] It's more than just my wife.
[15:13.560 --> 15:17.480] We're pushing the envelope here a little bit because we have file on and we've got a lot
[15:17.480 --> 15:19.600] of paperwork in the court right now.
[15:19.600 --> 15:24.640] Demand to produce all the files and everything else, all the records, all the tape recordings,
[15:24.640 --> 15:26.800] the video recordings and everything else.
[15:26.800 --> 15:33.600] And nobody is budgeting, nobody on the PIRs, we got three of them in, all of them are delinquent.
[15:33.600 --> 15:36.720] The complaints have already gone to the AG's office.
[15:36.720 --> 15:45.120] But without having been said, there are other people that they have been doing this to for
[15:45.120 --> 15:51.000] three weeks that I know of.
[15:51.000 --> 15:56.960] And this is what the Court of Inquiry should be about.
[15:56.960 --> 15:59.480] Yeah, oh, I agree with you.
[15:59.480 --> 16:02.800] I am going to do the Court of Inquiry motion.
[16:02.800 --> 16:09.080] Is it a demand or is it a motion?
[16:09.080 --> 16:11.800] It's a petition.
[16:11.800 --> 16:13.240] Petition for Court of Inquiry?
[16:13.240 --> 16:16.960] It's not exactly a motion, it's a petition.
[16:16.960 --> 16:21.360] And that's what it's named, Petition for Court of Inquiry.
[16:21.360 --> 16:23.560] That's good, I'll get it.
[16:23.560 --> 16:30.560] I went out and bought a brand new printer, a laser printer, just so that we would have
[16:30.560 --> 16:33.080] enough to do what we got to do.
[16:33.080 --> 16:41.080] And people have to realize I live five miles off grid, so all this coming to you via satellite.
[16:41.080 --> 16:46.800] Okay, hang on, we need to close this up on the other side because we've got the board
[16:46.800 --> 16:47.800] full of callers.
[16:47.800 --> 16:55.600] Hang on, Randy Kelton, Steve Skidmore, we'll have our radio, our calling number, 512-646-1984,
[16:55.600 --> 17:00.720] we'll be right back.
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[19:00.640 --> 19:20.560] You are listening to the Logos Radio Network, thelogosradionetwork.com.
[19:20.560 --> 19:21.560] We are back.
[19:21.560 --> 19:27.640] Randy Kelton meets Steve Skidmore on the radio, and we're talking to Pat in Texas.
[19:27.640 --> 19:35.920] So Pat, I'm hoping that anybody listening here who's had a similar issue would contact
[19:35.920 --> 19:36.920] me.
[19:36.920 --> 19:44.280] And if it's all right with you, Pat, and anyone who has an issue or would like to participate
[19:44.280 --> 19:52.040] in resolving this issue, email me, and I will forward your emails to Pat.
[19:52.040 --> 19:55.560] If we can get enough pressure on this, we may be able to stop these kinds of...
[19:55.560 --> 20:00.240] Yeah, because...... blatantly illegal interdictions.
[20:00.240 --> 20:01.240] Yeah.
[20:01.240 --> 20:06.560] Well, the Border Patrol has no authority to do roving patrols.
[20:06.560 --> 20:13.360] They have even less authority and no jurisdiction whatsoever to do drug interdiction.
[20:13.360 --> 20:18.520] This has been decided in four federal cases that I know of, and recently there was a U.S.
[20:18.520 --> 20:25.120] Supreme Court ruling that came back in the Rodriguez case just about this very issue.
[20:25.120 --> 20:33.680] The Border Patrol, if they come across drugs in the normal pursuit of their duty, then
[20:33.680 --> 20:39.680] they can make an arrest, but they cannot hold the individual.
[20:39.680 --> 20:42.360] They have to be turned over to local peace officers.
[20:42.360 --> 20:50.120] Well, you're also familiar with the authority of a DPS officer.
[20:50.120 --> 20:51.120] Yes.
[20:51.120 --> 21:02.360] Where it says, the Department of Public Safety shall not enforce the criminal laws except
[21:02.360 --> 21:09.560] at the request of and under the direction of local law enforcement.
[21:09.560 --> 21:16.120] That's correct, but you try and argue with a man who has anger management issues.
[21:16.120 --> 21:20.320] Oh, never argue with the guys out there on the street.
[21:20.320 --> 21:30.960] I do not, Randy, I'm a combat veteran like you are, and there's a lot of times when
[21:30.960 --> 21:38.600] valor is called for, but the better part of valor is not standing up and arguing with
[21:38.600 --> 21:39.600] people.
[21:39.600 --> 21:42.480] It is knowing when to keep your mouth shut.
[21:42.480 --> 21:43.480] Exactly.
[21:43.480 --> 21:51.760] When you're in combat, you got to be careful about how and when you pick your battles,
[21:51.760 --> 22:00.120] and there's a lot to be said for bushwhack.
[22:00.120 --> 22:01.800] That skews them more than anything.
[22:01.800 --> 22:06.400] I tell this story a bit, I don't know if you've heard this one, but this turned out to be
[22:06.400 --> 22:10.200] one of the most powerful things I've done recently.
[22:10.200 --> 22:15.440] I went into court, a friend of mine is having a hearing, and I walked up to the bar and
[22:15.440 --> 22:17.320] stood at the bar while the hearing was starting.
[22:17.320 --> 22:19.560] The judge looked up and said, may I help you?
[22:19.560 --> 22:20.800] I said, yes, your honor.
[22:20.800 --> 22:23.840] My name is Randy Kelton, and I have a hearing deficiency.
[22:23.840 --> 22:27.040] Well, Mr. Kelton, that's what's wrong with your hearing.
[22:27.040 --> 22:31.840] Oh, judge, I was down in Mexico the other day, and I had a drink too much of that cheap
[22:31.840 --> 22:38.040] tequila, and I lost my hearing aid, and the judge said, well, Mr. Kelton, why are you
[22:38.040 --> 22:39.040] telling me this?
[22:39.040 --> 22:41.720] I said, well, do you have accommodation for the hearing impaired?
[22:41.720 --> 22:44.280] No, I do not.
[22:44.280 --> 22:46.760] I see you have a sound system here, will you turn it up?
[22:46.760 --> 22:48.120] No, I will not.
[22:48.120 --> 22:50.560] Well, then will you speak up?
[22:50.560 --> 22:51.560] And he did.
[22:51.560 --> 22:55.640] He told the plaintiff, I didn't say, shut up, he's throwing me out of the courtroom.
[22:55.640 --> 22:59.880] So I had my hearing, I'll challenge subject matter jurisdiction.
[22:59.880 --> 23:04.560] They started the hearing, and I objected, said, your honor, I'm here at arms length
[23:04.560 --> 23:05.840] to the court.
[23:05.840 --> 23:08.400] I have a challenge subject matter jurisdiction before the court.
[23:08.400 --> 23:10.360] Yes, Mr. Kelton, you just filed that 20 minutes ago.
[23:10.360 --> 23:11.960] Yes, your honor, matter of fact, I did.
[23:11.960 --> 23:14.880] Well, Mr. Kelton, I'm going to deny that.
[23:14.880 --> 23:16.800] So you're going to deny that without reading it?
[23:16.800 --> 23:17.800] Yes, I am.
[23:17.800 --> 23:20.200] I closed my folder, we're done here.
[23:20.200 --> 23:25.600] I got up, got to the bar, and I turned and pointed at the bailiff, you come with me.
[23:25.600 --> 23:27.960] There were two of them there.
[23:27.960 --> 23:31.760] I get to the door and turn around, they're standing there looking confused.
[23:31.760 --> 23:37.560] I turned around and said, well, and this big guy said, okay, and he comes on out.
[23:37.560 --> 23:39.200] He said, Mr. Kelton, what can I do for you?
[23:39.200 --> 23:41.200] I need you to arrest the judge.
[23:41.200 --> 23:44.440] Well, why would I arrest a judge?
[23:44.440 --> 23:50.440] For Class A misdemeanor, official oppression, criminal violation 3903, penal code, in that
[23:50.440 --> 23:56.040] he failed to perform a duty he was required to perform, and in the process, he asked us
[23:56.040 --> 23:58.360] to, for enjoyment of right.
[23:58.360 --> 24:01.320] The bailiff said, and what right was that, Mr. Kelton?
[24:01.320 --> 24:07.160] He denied me and my right to accommodation under the Americans with Disabilities Act.
[24:07.160 --> 24:11.280] The bailiff said, well, Mr. Kelton, why didn't you tell the judge about the Americans with
[24:11.280 --> 24:12.280] Disabilities Act?
[24:12.280 --> 24:17.880] Heck, if I'd have done that, he might have turned the sound system up.
[24:17.880 --> 24:27.400] The bailiff stepped back and his grin came across his face, and he said, you set him
[24:27.400 --> 24:28.400] up.
[24:28.400 --> 24:33.360] Yes, matter of fact, I did, and he was real accommodating.
[24:33.360 --> 24:44.000] I got around everywhere, and after that, they treated me with absolute kid gloves.
[24:44.000 --> 24:53.760] They were terrified, and that's why I say, never give that cop fair warning.
[24:53.760 --> 24:58.200] You want to, you know, the rule is, if you catch somebody doing something stupid, never
[24:58.200 --> 25:02.320] interfere with somebody when they're screwing up, or never interfere with your adversary
[25:02.320 --> 25:09.000] when they're screwing up, let him, so you can hammer him, let him.
[25:09.000 --> 25:15.080] If they do something dumb, first time I want them to know that I have a problem with it
[25:15.080 --> 25:22.440] is when their boss comes down to me and asks me, or boss comes down to them and asks them,
[25:22.440 --> 25:28.080] why is the district attorney calling me because this guy's trying to get you arrested?
[25:28.080 --> 25:37.000] Well, the sheriff loves me like the plague, his deputies, he keeps changing deputies.
[25:37.000 --> 25:45.360] We've been through, since I've been out here, nine series of deputies in nine years, and
[25:45.360 --> 25:48.880] it's getting worse.
[25:48.880 --> 25:52.520] We've requested a bunch of information and everything, and the sheriff, when I talked
[25:52.520 --> 26:01.840] to him, today's Friday, I talked to him on Tuesday, he was very accommodating in telling
[26:01.840 --> 26:06.040] me where I could go and how to get there.
[26:06.040 --> 26:07.040] Wonderful.
[26:07.040 --> 26:13.760] Yeah, and I already told him, I said, I'm not going to argue with you.
[26:13.760 --> 26:14.760] Charging with official oppression.
[26:14.760 --> 26:18.000] Oh, he's going to get charged with more than that.
[26:18.000 --> 26:21.440] He's already got four charges going right now.
[26:21.440 --> 26:28.240] And you start filing against him in other counties.
[26:28.240 --> 26:30.800] That's going to get everybody really excited.
[26:30.800 --> 26:35.360] And then when the other, when the prosecutor in the other county interferes with your access
[26:35.360 --> 26:40.120] to the grand jury in that county, you file against that prosecutor in another county.
[26:40.120 --> 26:42.520] That's a good idea.
[26:42.520 --> 26:46.920] I like your idea about that because it solves some issues.
[26:46.920 --> 26:55.200] But going back to everybody else out here, if they know of anybody, or if they themselves
[26:55.200 --> 27:07.080] have been harassed, had something confiscated or stopped in this type of a situation, we
[27:07.080 --> 27:13.920] need to know it because it all goes not just to fighting the criminals, and they got me
[27:13.920 --> 27:20.920] set right now for evading or evading arrest or detention with a motor vehicle, which is
[27:20.920 --> 27:26.720] a class four state jail felony, so two year vacation.
[27:26.720 --> 27:32.520] But right up front, they have to prove intent and they can't do that because of everything.
[27:32.520 --> 27:35.400] But that's an aside on this one.
[27:35.400 --> 27:42.520] But when you have the border patrol involved with stops, they suddenly have taken on a
[27:42.520 --> 27:46.440] character that is criminal.
[27:46.440 --> 27:51.960] And we've got to stop this because if it doesn't stop, it's going to only get worse.
[27:51.960 --> 27:59.200] Oh, wait, wait, I have a suggestion before I lose it.
[27:59.200 --> 28:01.760] Exculpatory evidence.
[28:01.760 --> 28:09.400] In order for them to proceed, they have to seek an indictment.
[28:09.400 --> 28:19.640] Prepare exculpatory evidence for the grand jury and present it to the magistrate judge
[28:19.640 --> 28:26.800] at the hearing and then mail it to the foreman of the grand jury at the district attorney's
[28:26.800 --> 28:29.800] office.
[28:29.800 --> 28:32.440] 2.01 Texas Code of Criminal Procedure.
[28:32.440 --> 28:37.560] It shall be the primary duty of the prosecuting attorney not to secure conviction, but to
[28:37.560 --> 28:39.680] ensure that justice is served.
[28:39.680 --> 28:42.240] I'm paraphrasing a little here because it's kind of long.
[28:42.240 --> 28:46.120] He shall not seek with witnesses or evidence that would show the innocence of the accused
[28:46.120 --> 28:48.120] to mitigate the guilt of the accused.
[28:48.120 --> 28:53.040] Yeah, we put the DA a little letter.
[28:53.040 --> 28:54.040] Send in the...
[28:54.040 --> 29:02.360] Or send it to the grand jury and send it to the foreman of the grand jury registered restricted
[29:02.360 --> 29:05.880] so only the foreman can sign for it.
[29:05.880 --> 29:10.880] And you can find the foreman's name by going down and looking at any indictments that have
[29:10.880 --> 29:11.880] been filed.
[29:11.880 --> 29:14.440] Oh, I don't even have to do that.
[29:14.440 --> 29:22.840] The district court clerk is also our county clerk and everything else.
[29:22.840 --> 29:32.000] She called me the other day because the court coordinator had mailed out my notice of demand
[29:32.000 --> 29:37.880] for appearance, notice of appearance for the court, for the examining trial, but failed
[29:37.880 --> 29:39.400] to send it out certified.
[29:39.400 --> 29:42.800] So she called to make sure I got it.
[29:42.800 --> 29:44.480] Make sure you got it.
[29:44.480 --> 29:45.480] Okay.
[29:45.480 --> 29:46.480] Hang on.
[29:46.480 --> 29:47.480] But we really need to finish up on the other side.
[29:47.480 --> 30:02.360] Randy Kelton, Steve Skidmore, Raw Radio, we'll be right back.
[30:02.360 --> 30:06.880] Well the rest of us ooh and ah over what Hollywood stars are wearing on the red carpet, Paco
[30:06.880 --> 30:10.240] Rostain is up to his elbows in their garbage, literally.
[30:10.240 --> 30:15.120] I'm Dr. Catherine Albrecht and I'll be back to talk trash in just a moment.
[30:15.120 --> 30:16.720] Privacy is under attack.
[30:16.720 --> 30:21.120] When you give up data about yourself, you'll never get it back again and once your privacy
[30:21.120 --> 30:25.120] is gone, you'll find your freedoms will start to vanish too.
[30:25.120 --> 30:30.240] So protect your rights, say no to surveillance and keep your information to yourself.
[30:30.240 --> 30:32.880] Privacy, it's worth hanging on to.
[30:32.880 --> 30:37.160] This public service announcement is brought to you by Startpage.com, the private search
[30:37.160 --> 30:40.680] engine alternative to Google, Yahoo and Bing.
[30:40.680 --> 30:43.960] Start over with Startpage.
[30:43.960 --> 30:46.160] Your trash speaks volumes about you.
[30:46.160 --> 30:48.960] Just ask garbage snoop artist Paco Rostain.
[30:48.960 --> 30:54.000] He profiles luminaries like Madonna and Mel Gibson by analyzing their discards and photographing
[30:54.000 --> 30:55.000] the evidence.
[30:55.000 --> 30:59.680] His fines range from the trivial like Sharon Stone's 12 empty cans of peach halves to the
[30:59.680 --> 31:03.640] downright embarrassing like the adult diaper from Larry King's trash.
[31:03.640 --> 31:05.880] Larry vehemently denied it was his.
[31:05.880 --> 31:11.600] The cognoscenti plunked down upwards of $6,000 per framed photo of images like Arnold Schwarzenegger's
[31:11.600 --> 31:12.960] Cuban cigar stubs.
[31:12.960 --> 31:14.560] Isn't this illegal?
[31:14.560 --> 31:15.560] Nope.
[31:15.560 --> 31:19.520] In U.S. jurisdictions, it's perfectly legal to go through someone else's curbside trash
[31:19.520 --> 31:20.520] without permission.
[31:20.520 --> 31:21.520] Even yours.
[31:21.520 --> 31:24.400] So even if you're not rich and famous, think before you toss.
[31:24.400 --> 31:26.040] I'm Dr. Catherine Albrecht.
[31:26.040 --> 31:28.640] More news and information at CatherineAlbrecht.com.
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[32:02.360 --> 32:05.160] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.160 --> 32:08.960] In today's America, we live in an us-against-them society, and if we the people are ever going
[32:08.960 --> 32:12.880] to have a free society, then we're going to have to stand and defend our own rights.
[32:12.880 --> 32:16.120] Among those rights are the right to travel freely from place to place, the right to act
[32:16.120 --> 32:19.840] in our own private capacity, and most importantly, the right to due process of law.
[32:19.840 --> 32:24.000] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.000 --> 32:25.480] our rights through due process.
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[32:29.360 --> 32:33.120] most comprehensive teaching tool available that will help you understand what due process
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[32:50.920 --> 32:54.120] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.120 --> 33:12.200] Order your copy today and together we can have the free society we all want and deserve.
[33:12.200 --> 33:41.440] Okay, we are back.
[33:41.440 --> 33:47.760] Randy Kelton, Steve Skidmore, Rule of Law Radio, and Pat, since you were on, we decided
[33:47.760 --> 33:51.640] to finally bring on the super chomp.
[33:51.640 --> 33:58.760] Pat, say hello to Mr. Skidmore.
[33:58.760 --> 34:03.080] Oh, I guess it'd be easier for you to-
[34:03.080 --> 34:04.080] You've got to unmute him.
[34:04.080 --> 34:05.080] Okay, okay.
[34:05.080 --> 34:07.080] Now say hello to Mr. Skidmore.
[34:07.080 --> 34:08.080] Hi, Steve.
[34:08.080 --> 34:09.080] Hi, Pat.
[34:09.080 --> 34:15.040] Sorry, I made it so late, but I did make it.
[34:15.040 --> 34:16.040] I understand.
[34:16.040 --> 34:19.920] That is just the nature of the beast, senior.
[34:19.920 --> 34:22.920] Well, life is hard for a working man.
[34:22.920 --> 34:25.800] All right, all right, all right.
[34:25.800 --> 34:30.800] This crap of having to work is interfering with our entertainment.
[34:30.800 --> 34:31.800] Yes it is.
[34:31.800 --> 34:34.280] It has been for some time.
[34:34.280 --> 34:43.360] Pat, I'm fully aware of your situation, but I do apologize for making it late to the air.
[34:43.360 --> 34:48.040] Wherever you were, pick it up and take it off.
[34:48.040 --> 34:50.640] Actually, we were pretty well finishing it up.
[34:50.640 --> 34:51.640] Okay.
[34:51.640 --> 34:57.320] We're just trying to get people in similarly situated to call in, contact him, contact
[34:57.320 --> 34:58.320] us.
[34:58.320 --> 34:59.320] Certainly.
[34:59.320 --> 35:00.320] Yeah.
[35:00.320 --> 35:01.320] Go ahead, Pat.
[35:01.320 --> 35:08.800] Yeah, if anybody out there has had this type of problem or knows of someone that has had
[35:08.800 --> 35:13.960] this problem, either been arrested, has got a drug charge they're facing they know they're
[35:13.960 --> 35:18.240] not guilty of, or, well, let's look at it this way.
[35:18.240 --> 35:28.320] The board of patrol in TCCP in chapter two under special investigators outlined as not
[35:28.320 --> 35:33.800] a peace officer in the state of Texas under the laws of the state.
[35:33.800 --> 35:34.800] Number one.
[35:34.800 --> 35:35.800] Number two, they're drug...
[35:35.800 --> 35:36.800] Wait a minute.
[35:36.800 --> 35:37.800] Wait a minute.
[35:37.800 --> 35:38.800] Let me address that slightly.
[35:38.800 --> 35:48.400] A DPS officer, while he may be certified as a peace officer, he is not employed as a
[35:48.400 --> 35:50.320] peace officer.
[35:50.320 --> 35:56.720] He's employed as a police officer and in Texas, that's a traffic cop.
[35:56.720 --> 36:01.920] Yeah, well, that's all the DPS is, is traffic cops.
[36:01.920 --> 36:07.400] But don't tell them that half these guys got anger management issues and they carry 40
[36:07.400 --> 36:13.360] calibers with hollow points and they will cause a major sucking head wound.
[36:13.360 --> 36:19.640] So please do not, do not get into a verbal discussion with them on the side of the highway.
[36:19.640 --> 36:21.760] It does no good.
[36:21.760 --> 36:24.200] Your fight is, I agree 100%.
[36:24.200 --> 36:29.040] Your fight is not with the armed two digit IQ on the side of the dark highway.
[36:29.040 --> 36:30.040] Your fight is in court.
[36:30.040 --> 36:31.040] I have that much?
[36:31.040 --> 36:32.040] I'm sorry.
[36:32.040 --> 36:35.400] Well, the benefit of the doubt.
[36:35.400 --> 36:39.240] Yeah, well, I was lucky in a lot of ways.
[36:39.240 --> 36:44.200] They did not lose their composure too much when I started laughing at them.
[36:44.200 --> 36:49.800] They looked like a bunch of children running around with toy guns, but I have experience
[36:49.800 --> 36:51.560] that most people do not have.
[36:51.560 --> 36:55.480] So please do not aggravate these people, do not laugh at them.
[36:55.480 --> 36:56.480] They are dangerous.
[36:56.480 --> 37:02.280] They have badges, they have guns and they have an attitude.
[37:02.280 --> 37:05.840] I have a lot of friends in law enforcement.
[37:05.840 --> 37:07.920] Please understand this.
[37:07.920 --> 37:14.040] I have worked closely with law enforcement for many years doing a lot of things and I
[37:14.040 --> 37:17.400] have a great deal of respect for a great many people.
[37:17.400 --> 37:27.760] But the ones that I am meeting now have a very large ego and a very small pinhead and
[37:27.760 --> 37:34.240] they carry a very large automatic pistol on their hip.
[37:34.240 --> 37:39.120] And so long as they think they have what they call authority, they're going to pull the
[37:39.120 --> 37:40.120] trigger.
[37:40.120 --> 37:41.120] It's all over YouTube.
[37:41.120 --> 37:42.120] They will.
[37:42.120 --> 37:43.120] Yeah.
[37:43.120 --> 37:46.120] Don't argue with them.
[37:46.120 --> 37:48.680] Anybody that knows me out here knows me very, very well.
[37:48.680 --> 37:51.840] I do not argue with these people on the side of the road.
[37:51.840 --> 37:53.200] I do not stop for them.
[37:53.200 --> 37:54.880] I go to a place of safety.
[37:54.880 --> 38:00.960] I am physically handicapped and this is what they don't like.
[38:00.960 --> 38:09.520] Last year I had a parade going into the sheriff's office from out, oh, I don't know, I was 15
[38:09.520 --> 38:15.000] miles out or so and they just followed me all the way into the parking lot and deployed
[38:15.000 --> 38:20.880] into a SWAT formation around my van and that was a year ago.
[38:20.880 --> 38:26.480] At that time I was able to get cell reception and actually dial 911 and get through.
[38:26.480 --> 38:36.320] Where I was at on the 23rd of March, I was in a rural location and I had absolutely no
[38:36.320 --> 38:37.320] cell reception.
[38:37.320 --> 38:43.360] Now, there was two reasons for it because I normally have cell reception right there.
[38:43.360 --> 38:52.240] One of them is either they shut the tower down or they took bandwidth from me, one of
[38:52.240 --> 38:57.440] the two, and believe me, they do have the equipment to do that.
[38:57.440 --> 39:05.520] Either DPS has been given it or I do know for a fact that Border Patrol does have it.
[39:05.520 --> 39:11.240] I have looked down the wrong end of the locks on my own property too many times.
[39:11.240 --> 39:18.840] I have had too many M4s pointed at me from fellow, supposed fellow countrymen.
[39:18.840 --> 39:26.440] So I have my doubts and these men are less than half my age.
[39:26.440 --> 39:30.040] So I'm wondering what they've been drinking.
[39:30.040 --> 39:35.200] There's something special in that Kool-Aid, I'm not sure, but they definitely do not have
[39:35.200 --> 39:40.240] a set of gonads that would be fitting an individual of intelligence.
[39:40.240 --> 39:43.520] Steroids, anabolic steroids.
[39:43.520 --> 39:50.320] Well, a lot of them do take it and it causes anger management issues.
[39:50.320 --> 39:51.320] Definitely.
[39:51.320 --> 39:56.280] So be advised, do not argue with these people.
[39:56.280 --> 40:02.560] The man that I was facing the other side of that lock down on, his trigger finger was
[40:02.560 --> 40:07.320] doing a dance on that trigger and I was just waiting to get hit.
[40:07.320 --> 40:16.360] They have wanted easy access to my property for years, I have refused.
[40:16.360 --> 40:23.640] Now they have gotten the keys and as my wife said, what's the cost of our security?
[40:23.640 --> 40:29.440] What is the cost of the security of my family and my animals?
[40:29.440 --> 40:33.480] Because they have in the past open gates, let animals out on the highway and sat there
[40:33.480 --> 40:41.560] and laughed at my wife as I was not home and when I found out about it, the station chief
[40:41.560 --> 40:43.400] and I had more than just words.
[40:43.400 --> 40:53.080] I told them if it ever happened again, somebody was going to pay a very heavy price.
[40:53.080 --> 40:56.240] The Border Patrol are federal agents.
[40:56.240 --> 41:05.200] Their jurisdiction is lined out very specifically and they have none except for where the state
[41:05.200 --> 41:06.720] gives it to them.
[41:06.720 --> 41:15.560] Do not listen to this fiasco about a 25 mile constitutional free zone or a 100 mile constitutional
[41:15.560 --> 41:23.440] free zone for if you follow the logic trail here, if the constitution does not exist in
[41:23.440 --> 41:27.320] that area, then there is no basis for law.
[41:27.320 --> 41:31.680] If there is no basis for law, then there is no basis for their agency.
[41:31.680 --> 41:38.000] They are unemployed other than to be agents that are out robbing people.
[41:38.000 --> 41:46.240] They are armed and they are dangerous and where you have no law, you have rule of might.
[41:46.240 --> 41:52.200] Rule of might is only in free fire zones.
[41:52.200 --> 41:54.120] That is a combat zone.
[41:54.120 --> 42:08.960] If they want war, they can have war, but they need to understand what they are asking for.
[42:08.960 --> 42:15.920] We want to avoid that particular place at all cost because if we go into that logic
[42:15.920 --> 42:24.000] train and grant them their constitutional free zone, then we are buying into their illogical
[42:24.000 --> 42:30.720] assertion that we have no rights, we, the people of this country.
[42:30.720 --> 42:32.720] Okay, Pat, we really need to move along.
[42:32.720 --> 42:33.720] I've got some callers.
[42:33.720 --> 42:34.720] I'm sorry.
[42:34.720 --> 42:38.640] That's my soapbox and I will get off of it tonight.
[42:38.640 --> 42:41.600] Please don't apologize for departing knowledge.
[42:41.600 --> 42:42.600] Thank you.
[42:42.600 --> 42:49.040] This is how I addressed that soapbox when I had a judge get upset with me.
[42:49.040 --> 42:54.680] I told him, you kicked that soapbox up under my feet.
[42:54.680 --> 42:57.960] You don't get to find that I stand squarely on it.
[42:57.960 --> 43:03.680] Yeah, well, there's only four boxes that are used and I'll leave that one up to you all
[43:03.680 --> 43:05.360] to figure out.
[43:05.360 --> 43:07.080] Three of them are useless.
[43:07.080 --> 43:09.960] Yeah, I know that.
[43:09.960 --> 43:12.200] The fourth one is a final solution.
[43:12.200 --> 43:13.200] I know.
[43:13.200 --> 43:14.200] Yeah.
[43:14.200 --> 43:15.200] So.
[43:15.200 --> 43:16.200] Okay.
[43:16.200 --> 43:17.200] Thank you, Pat.
[43:17.200 --> 43:24.840] Anybody who wants to come out to the hearing, it's the 12th of May at 1030 in Sanderson
[43:24.840 --> 43:27.080] at the 83rd District Court.
[43:27.080 --> 43:30.640] I would appreciate anybody and everybody that showed up.
[43:30.640 --> 43:35.200] Say it, give that address, give the location again.
[43:35.200 --> 43:45.560] Sanderson, Texas, it's 120 miles west of Del Rio on Highway 90.
[43:45.560 --> 43:50.640] At 1030 is when the court starts, 1030 in the morning on the 12th of May.
[43:50.640 --> 43:51.640] Okay.
[43:51.640 --> 43:52.640] We're about to go to break, Pat.
[43:52.640 --> 43:53.640] We'll be right after.
[43:53.640 --> 43:54.640] Go.
[43:54.640 --> 43:55.640] Thank you.
[43:55.640 --> 43:56.640] Elton C. Skidmore, Wheelbar Radio.
[43:56.640 --> 43:57.640] We'll be right back.
[43:57.640 --> 43:58.640] Hello.
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[46:10.160 --> 46:21.720] on the bottom of the screen.
[46:21.720 --> 46:22.720] We are back.
[46:22.720 --> 46:27.440] Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're going to go to Eric in Georgia.
[46:27.440 --> 46:29.240] We do need to move along a little faster.
[46:29.240 --> 46:33.800] I took up a lot of time with Pat, but Pat has good information.
[46:33.800 --> 46:40.120] It's been a while since we've had him on, and he has fought these border patrols
[46:40.120 --> 46:41.720] for a very long time.
[46:41.720 --> 46:42.720] Years.
[46:42.720 --> 46:45.200] Yes, and he doesn't back down.
[46:45.200 --> 46:46.200] Okay, Eric.
[46:46.200 --> 46:50.280] And he doesn't have to hang off the water tower to get a signal anymore.
[46:50.280 --> 46:51.280] Well, that's good.
[46:51.280 --> 46:52.280] That's a big plus.
[46:52.280 --> 46:53.280] Okay, Eric, what do you have for us?
[46:53.280 --> 46:54.280] Hey, Andy, can you hear me good?
[46:54.280 --> 46:55.280] We can hear you fine.
[46:55.280 --> 46:56.280] Oh, okay, okay.
[46:56.280 --> 46:57.280] I received a letter on Wednesday from a private debt collector in reference to some tax money
[46:57.280 --> 46:58.280] that I owed for 20 years.
[46:58.280 --> 47:19.920] Well, in that 20 years, we paid off that debt to the state, but the state still sent a letter
[47:19.920 --> 47:24.760] to the private debt collector, and the private debt collector sent the letter saying that
[47:24.760 --> 47:25.760] we owed money.
[47:25.760 --> 47:26.760] Do you have a receipt?
[47:26.760 --> 47:36.080] No, but we have a letter saying that the taxes have been paid off, and that we've released
[47:36.080 --> 47:37.080] the payment plan.
[47:37.080 --> 47:39.080] Who is the letter from?
[47:39.080 --> 47:46.240] It's a debt collector, professional recovery consultants out of North Carolina.
[47:46.240 --> 47:47.240] So you...
[47:47.240 --> 47:48.240] Okay, let me...
[47:48.240 --> 47:50.960] This is kind of confusing.
[47:50.960 --> 47:55.000] It sounds like you're getting a letter from a debt collector that says you owe on a debt
[47:55.000 --> 47:57.000] that's been paid off.
[47:57.000 --> 47:58.000] Correct.
[47:58.000 --> 47:59.000] Yes, sir.
[47:59.000 --> 48:05.640] I apologize for laughing, but that...
[48:05.640 --> 48:06.640] It's laughable.
[48:06.640 --> 48:07.640] Yes, I know.
[48:07.640 --> 48:08.640] It's crazy to me, too.
[48:08.640 --> 48:09.640] But the funny thing is that I called a...
[48:09.640 --> 48:10.640] I talked to...
[48:10.640 --> 48:15.640] I called back to the private debt collector, and I got some more information, and I asked
[48:15.640 --> 48:21.400] for, you know, a verification of the debt.
[48:21.400 --> 48:25.360] He refused at first, and he said that we got the...
[48:25.360 --> 48:31.600] Well, when you say you asked for verification of debt, you're telling me this is over the
[48:31.600 --> 48:32.600] telephone?
[48:32.600 --> 48:33.600] Correct.
[48:33.600 --> 48:34.600] Yes, sir.
[48:34.600 --> 48:35.600] Okay.
[48:35.600 --> 48:41.120] Have you read the Fair Debt Collection Practices Act?
[48:41.120 --> 48:42.960] Yes, sir.
[48:42.960 --> 48:43.960] You have?
[48:43.960 --> 48:44.960] Yes, I have.
[48:44.960 --> 48:45.960] Mr. Mears is...
[48:45.960 --> 48:46.960] Okay, good.
[48:46.960 --> 48:59.000] Then you should be very familiar with Section 16, what is it, Randy?
[48:59.000 --> 49:01.760] Verification of Debt or Request or Demand for Verification?
[49:01.760 --> 49:02.760] Yes.
[49:02.760 --> 49:04.760] I think it's 1692.
[49:04.760 --> 49:07.760] It's 1682, I believe.
[49:07.760 --> 49:08.760] 1682G.
[49:08.760 --> 49:13.160] 1682 or 92G, yeah.
[49:13.160 --> 49:19.480] If you go back and read that, your request must be in writing.
[49:19.480 --> 49:22.200] Over the telephone is insufficient.
[49:22.200 --> 49:25.320] You've got to have a paper trail.
[49:25.320 --> 49:27.040] When something calls for...
[49:27.040 --> 49:33.400] When a statute calls for written notice or written request or written demand, that means
[49:33.400 --> 49:39.100] that you need to be able to verify that they received it, the other party, that is.
[49:39.100 --> 49:46.480] That means that you need to put something in writing, reduce your thoughts to writing
[49:46.480 --> 49:54.600] and send that writing via United States Certified Return Receipt Request.
[49:54.600 --> 50:03.280] When you get that green card back, you can prove that they received it from, I know I'm
[50:03.280 --> 50:11.640] thinking Respondentila, in FDCPA, they've got five days, I believe, no.
[50:11.640 --> 50:19.080] I'm still thinking, Randy, do you remember the response, the time they've got to respond
[50:19.080 --> 50:23.680] to the request, to the demand validate?
[50:23.680 --> 50:31.120] They have five days to notify you that they received it, and I think it's 30 days to respond.
[50:31.120 --> 50:33.120] I thought that was UWR.
[50:33.120 --> 50:42.480] It used to be, no, good comment, I'm not sure.
[50:42.480 --> 50:50.720] That's where I was going to go, is five days to acknowledge that they received.
[50:50.720 --> 50:55.800] That's the acknowledgement, and then 30 days from the day of reception or the day of receipt
[50:55.800 --> 50:58.000] to respond.
[50:58.000 --> 51:05.000] But I'm thinking that goes to a Qualified Written Request via RESPA.
[51:05.000 --> 51:08.480] Good point, I have to look it back up.
[51:08.480 --> 51:12.280] At any rate- Look that up.
[51:12.280 --> 51:15.000] A request, yeah, look that up.
[51:15.000 --> 51:18.440] A request over the telephone is invalid.
[51:18.440 --> 51:22.840] You've got no way of showing or proving unless you've recorded it, and you've got to be careful
[51:22.840 --> 51:25.160] of that in your respective state.
[51:25.160 --> 51:29.280] I don't know about Georgia, but in Texas it's a one-party state.
[51:29.280 --> 51:34.320] I can record any telephone conversation, but in some states they get kind of quirky about
[51:34.320 --> 51:35.320] that.
[51:35.320 --> 51:38.320] Yes, I got it recorded.
[51:38.320 --> 51:45.120] I got the phone call recorded with the private debt collector, and then I called the state
[51:45.120 --> 51:51.160] asking for information about the debt, and I got that phone call recorded, and at the
[51:51.160 --> 51:53.280] end of the phone call- Okay.
[51:53.280 --> 51:58.360] Did you send anything to them in writing demanding validation of the debt?
[51:58.360 --> 51:59.360] Yes, sir.
[51:59.360 --> 52:02.840] I sent some to the private debt collector today.
[52:02.840 --> 52:03.840] Did you get a response?
[52:03.840 --> 52:04.840] Not yet.
[52:04.840 --> 52:05.840] I just sent it off today.
[52:05.840 --> 52:06.840] Okay.
[52:06.840 --> 52:07.840] Okay.
[52:07.840 --> 52:08.840] Okay.
[52:08.840 --> 52:09.840] Friday, today.
[52:09.840 --> 52:10.840] All right.
[52:10.840 --> 52:15.840] And I'm going to wait for a response.
[52:15.840 --> 52:18.160] The question is, my question is-
[52:18.160 --> 52:23.720] Okay, before we get to your question, did you send that certified receipt request?
[52:23.720 --> 52:24.720] Yes, sir.
[52:24.720 --> 52:25.720] I sure did.
[52:25.720 --> 52:26.720] Good for you.
[52:26.720 --> 52:27.720] Okay.
[52:27.720 --> 52:28.720] Question.
[52:28.720 --> 52:40.720] My question is, can you tell somebody responsible for this, because they didn't ever verify
[52:40.720 --> 52:47.760] the debt in the first place to see if it was right, because it would only take a cursory
[52:47.760 --> 52:51.120] search to figure out this wasn't right in the first place.
[52:51.120 --> 52:52.120] Okay.
[52:52.120 --> 52:53.120] Watch your language.
[52:53.120 --> 52:55.440] Verification is not validation.
[52:55.440 --> 52:59.400] Verification is a notary seal.
[52:59.400 --> 53:02.480] Validation is what you seek.
[53:02.480 --> 53:08.840] You want them to validate the... You want to know the validity of the debt.
[53:08.840 --> 53:10.320] Is this a valid debt?
[53:10.320 --> 53:13.700] I have a piece of paper that says, no, it's not.
[53:13.700 --> 53:14.700] It's not a debt.
[53:14.700 --> 53:17.680] It's been paid in full.
[53:17.680 --> 53:20.880] What do you got?
[53:20.880 --> 53:27.480] You want them to prove up agency standing and capacity.
[53:27.480 --> 53:29.280] Is there anything filed in court yet?
[53:29.280 --> 53:30.280] No, sir.
[53:30.280 --> 53:31.280] No.
[53:31.280 --> 53:32.280] There's nothing filed.
[53:32.280 --> 53:33.280] Okay.
[53:33.280 --> 53:40.040] The thing is, I'm trying to get prepared for is, I want to... I got the phone calls recorded,
[53:40.040 --> 53:46.800] and I want to be able to use that to, if something does happen, to get them off my back, basically.
[53:46.800 --> 53:49.560] That's a good deal.
[53:49.560 --> 53:51.760] Yeah.
[53:51.760 --> 53:58.280] When you have a recording, go back to the very beginning of the recording and type everything
[53:58.280 --> 54:00.600] into Word.
[54:00.600 --> 54:04.120] Every word, every syllable.
[54:04.120 --> 54:10.560] When someone else is talking, jump down, get their name.
[54:10.560 --> 54:14.000] Have you ever read a transcript, a court transcript?
[54:14.000 --> 54:15.680] Yes, sir.
[54:15.680 --> 54:17.960] This is what you want it to look like.
[54:17.960 --> 54:22.080] For those of you who are listening, if you've never seen a court transcript, you need to
[54:22.080 --> 54:29.960] see one, because if you record someone's conversation, it's very good to have the conversation in
[54:29.960 --> 54:35.840] written form, and Randy can tell you a story about this, but to have the conversation in
[54:35.840 --> 54:43.900] transcript and have that transcript mimic that which would be presented or purchased
[54:43.900 --> 54:47.720] from a court reporter.
[54:47.720 --> 54:53.160] Any transcript will do, but follow the form and format.
[54:53.160 --> 54:56.640] When one speaks, when the other speaks.
[54:56.640 --> 54:59.760] Let me give you a strategy.
[54:59.760 --> 55:05.160] Never tell them that, never offer that you recorded them.
[55:05.160 --> 55:11.600] You take, you don't even give them the transcript, but if you expect to be questioned, because
[55:11.600 --> 55:19.600] I was on the stand, and he's asking me about something that occurred two years earlier,
[55:19.600 --> 55:23.880] and I'm telling them what I said and what the other person said, and he asked me if
[55:23.880 --> 55:28.440] I was sure that was what was said, absolutely, this is exactly what was said.
[55:28.440 --> 55:33.320] Well, Mr. Kelton, you must have a perfect memory, oh no, I have a horrible memory.
[55:33.320 --> 55:36.360] Well, then how do you know this is exactly what was said?
[55:36.360 --> 55:39.280] Well, I took it from the transcript.
[55:39.280 --> 55:40.280] What transcript?
[55:40.280 --> 55:42.280] And the judge is sitting up there.
[55:42.280 --> 55:47.240] When I said transcript, the judge has kind of ducked his head, put his head in his hand
[55:47.240 --> 55:49.360] because he saw it coming.
[55:49.360 --> 55:51.040] The lawyer didn't.
[55:51.040 --> 55:52.040] What transcript?
[55:52.040 --> 55:57.000] Oh, the one I made of the recording, objection, no, no.
[55:57.000 --> 56:00.240] You opened the door, counselor.
[56:00.240 --> 56:05.120] This goes to a foundation.
[56:05.120 --> 56:14.440] You can't enter the transcript of a recording unless the other side asks a question about
[56:14.440 --> 56:16.600] it.
[56:16.600 --> 56:21.960] Once he asks the question about it, he's established foundation for you to bring it in, so that's
[56:21.960 --> 56:23.960] how I'd use a recording.
[56:23.960 --> 56:26.360] Does that make sense, Eric?
[56:26.360 --> 56:28.360] Yes, it sure does.
[56:28.360 --> 56:33.920] It helps me a lot because I want to start setting up in case they continue with this
[56:33.920 --> 56:40.120] because I don't notice there the agent for the Department of Revenue is going to talk
[56:40.120 --> 56:45.920] to the private debt collector now and try to get this sorted out, but if they continue
[56:45.920 --> 56:50.040] with it, I want to go ahead and set them up, basically.
[56:50.040 --> 56:56.040] You'd mentioned earlier that you had something from a debt collector that said that the debt
[56:56.040 --> 56:57.680] had been satisfied.
[56:57.680 --> 57:02.480] Do you have anything from the state showing that the debt had been satisfied?
[57:02.480 --> 57:10.080] No, I'm not sure if the... You might want to go get that.
[57:10.080 --> 57:15.240] The state sent me a letter saying the debt had been satisfied.
[57:15.240 --> 57:21.080] I got the Dunning letter on Wednesday from the private debt collector.
[57:21.080 --> 57:27.920] This debt was paid back in February and the state sent me a letter saying all the claims
[57:27.920 --> 57:30.920] had been satisfied.
[57:30.920 --> 57:36.000] Can you go back to the state and get a copy of their receipt?
[57:36.000 --> 57:38.960] Bet you can.
[57:38.960 --> 57:43.480] Should I get them to send that to me by mail?
[57:43.480 --> 57:44.560] Go down there.
[57:44.560 --> 57:46.520] Go to the same place.
[57:46.520 --> 57:48.240] Did you mail in your payment?
[57:48.240 --> 57:49.960] No, I sure didn't.
[57:49.960 --> 57:55.920] It was all done by bank transfer.
[57:55.920 --> 57:59.120] How far away from you is the place of payment?
[57:59.120 --> 58:01.360] We're coming up to a break.
[58:01.360 --> 58:02.360] Make it quick.
[58:02.360 --> 58:03.360] About 400 miles.
[58:03.360 --> 58:04.360] Oh, good Lord.
[58:04.360 --> 58:13.240] Then, yeah, I would make a request to that office 400 miles away for them to send you
[58:13.240 --> 58:22.800] a copy of the receipt showing that you paid the tax or whatever it was.
[58:22.800 --> 58:23.800] Stay there, Eric.
[58:23.800 --> 58:30.120] If you'd like to touch us a little bit more on the other side of this break, folks, 512-646-1984
[58:30.120 --> 58:32.320] will put you in touch.
[58:32.320 --> 58:34.160] We've got several callers online.
[58:34.160 --> 58:37.920] We'll get to you as quick as we can.
[58:37.920 --> 58:46.760] Until then, go by LogosRadioNetwork.com and visit our sponsors.
[58:46.760 --> 58:47.760] We'll be right back.
[58:47.760 --> 58:48.760] Stay tuned.
[58:48.760 --> 58:54.480] Would you like to make more definite progress in your walk with God?
[58:54.480 --> 58:59.680] Bibles for America is offering a free study Bible and a set of free Christian books that
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[01:00:05.000 --> 01:00:10.640] The Disney Splash is brought to you by the Lone Star Lowdown, providing your daily bulletins
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[01:00:23.920 --> 01:00:32.560] Markets today opened up with gold at $1,193.78 an ounce, silver $15.88 an ounce, Texas crude
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[01:00:44.400 --> 01:00:49.600] Today in history, Monday, April 24th, 1961, then President John F. Kennedy announced his
[01:00:49.600 --> 01:00:53.240] sole responsibility following the Bay of Pigs incident.
[01:00:53.240 --> 01:00:57.840] Bay of Pigs was an attempt by U.S. trained and backed Guatemalan guerrilla revolutionaries
[01:00:57.840 --> 01:01:03.320] just a few days before in invading Cuba and overthrowing Castro regime.
[01:01:03.320 --> 01:01:12.320] They were, however, neutralized and captured for over a year.
[01:01:12.320 --> 01:01:18.680] In recent news, California's vaccine mandate bill, SB277, was apparently postponed last
[01:01:18.680 --> 01:01:24.400] week to allow for Democratic Senator Ben Allen of Santa Monica and Richard Pan of Sacramento
[01:01:24.400 --> 01:01:29.760] to push to replace seats on the committee with pro-vaccine industry spokespersons.
[01:01:29.760 --> 01:01:35.880] It was also rescheduled as a vote-only item, which essentially meant that no one in opposition
[01:01:35.880 --> 01:01:40.400] was allowed to testify on the amendments added to the bill.
[01:01:40.400 --> 01:01:49.640] SB277 was passed on Wednesday.
[01:01:49.640 --> 01:01:53.760] The president yesterday took full responsibility for the counter-terrorist efforts of the United
[01:01:53.760 --> 01:02:00.040] States in the inadvertent murder of Warren Weinstein, 73-year-old of Rockville, Maryland,
[01:02:00.040 --> 01:02:05.120] who was unfortunately killed alongside an Italian hostage back in January during a drone
[01:02:05.120 --> 01:02:12.080] strike that was targeting an al-Qaeda compound in Pakistan near the Afghani border.
[01:02:12.080 --> 01:02:15.200] Warren was four days away from leaving Pakistan alive.
[01:02:15.200 --> 01:02:25.080] He had spent nearly four years as an al-Qaeda hostage.
[01:02:25.080 --> 01:02:30.360] Canada is now the first country in the world to require that for every new regulation introduced,
[01:02:30.360 --> 01:02:33.040] one of equivalent burden must be removed.
[01:02:33.040 --> 01:02:40.520] The Red Tape Reduction Act, or C21, has been operating as policy for several years already.
[01:02:40.520 --> 01:02:45.280] It requires that the cost of new rules and regulations be quantified and that equal or
[01:02:45.280 --> 01:02:48.520] greater costs and regulations be removed.
[01:02:48.520 --> 01:02:53.680] The Lone Star Lowdown is currently looking for sponsors.
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[01:03:01.200 --> 01:03:21.840] This has been the Lowdown for April 24th, 2015.
[01:03:21.840 --> 01:03:23.800] Welcome back to Rural Law Radio, folks.
[01:03:23.800 --> 01:03:29.400] 512-646-1984 will get you in touch with us, and we're going back to Georgia and visit
[01:03:29.400 --> 01:03:30.880] some more with Eric.
[01:03:30.880 --> 01:03:42.520] Eric, with your FDCPA claims, if you're following the Mike Meyers strategy, you're doing well.
[01:03:42.520 --> 01:03:43.520] Yes.
[01:03:43.520 --> 01:03:44.520] Okay?
[01:03:44.520 --> 01:03:45.520] Stick to it.
[01:03:45.520 --> 01:03:46.520] Yes, sir.
[01:03:46.520 --> 01:03:55.280] But if you can contact the state, most definitely do so, whatever office it was that accepted
[01:03:55.280 --> 01:03:59.040] your payment, and ask for a copy of the receipt.
[01:03:59.040 --> 01:04:02.680] They keep a receipt of every payment made.
[01:04:02.680 --> 01:04:08.760] So get a copy of the receipt from them, and if you can get it certified, that would be
[01:04:08.760 --> 01:04:11.240] even better.
[01:04:11.240 --> 01:04:14.040] That way you can show it's been paid.
[01:04:14.040 --> 01:04:24.320] So in anticipation of litigation, now, if you just want them to go away, then you can
[01:04:24.320 --> 01:04:34.400] certainly send them a photo-stack copy of the certified receipt, and say, hey, guys,
[01:04:34.400 --> 01:04:36.760] you're wasting my time and yours.
[01:04:36.760 --> 01:04:40.720] Do you still want to go to court?
[01:04:40.720 --> 01:04:44.440] They'll say no, and they'll go away.
[01:04:44.440 --> 01:04:50.040] Now, if you want to make money off of them, then study a little deeper into Mike Meyers
[01:04:50.040 --> 01:04:52.040] package, and he'll teach you how.
[01:04:52.040 --> 01:04:53.040] Yes, sir.
[01:04:53.040 --> 01:05:00.320] Rack up the phone calls, keep your receipts, everything.
[01:05:00.320 --> 01:05:06.720] Keep track of everything.
[01:05:06.720 --> 01:05:14.640] It might behoove you to send them a letter to respond only by mail.
[01:05:14.640 --> 01:05:16.560] Do not call.
[01:05:16.560 --> 01:05:21.020] You don't want to cut off communications altogether.
[01:05:21.020 --> 01:05:24.120] You want to limit communications.
[01:05:24.120 --> 01:05:26.120] Do not call me.
[01:05:26.120 --> 01:05:30.560] If you want to contact me, here's my address.
[01:05:30.560 --> 01:05:34.240] Send your information via U.S. mail.
[01:05:34.240 --> 01:05:36.120] Yes, sir.
[01:05:36.120 --> 01:05:44.000] Why do I say U.S. mail?
[01:05:44.000 --> 01:05:50.320] Because if they can't prove that they sent me anything, they have to do it with you.
[01:05:50.320 --> 01:05:51.320] Nope.
[01:05:51.320 --> 01:05:52.320] Nope.
[01:05:52.320 --> 01:05:53.320] Nope.
[01:05:53.320 --> 01:05:59.960] If they're committing fraud, they're also committing mail fraud.
[01:05:59.960 --> 01:06:03.840] They use the U.S. post office to commit fraud.
[01:06:03.840 --> 01:06:07.280] Now you get the postmaster general crawling up their shorts.
[01:06:07.280 --> 01:06:08.280] Oh.
[01:06:08.280 --> 01:06:09.280] Follow me?
[01:06:09.280 --> 01:06:10.280] Yes, sir.
[01:06:10.280 --> 01:06:19.400] If they're lying and they're lying by mail, basically, it becomes a criminal crime.
[01:06:19.400 --> 01:06:22.080] I saw a light bulb come on.
[01:06:22.080 --> 01:06:24.080] Yes, sir.
[01:06:24.080 --> 01:06:26.080] Yes, sir.
[01:06:26.080 --> 01:06:34.760] So, put them in that precarious position and see what happens.
[01:06:34.760 --> 01:06:39.680] But when does... Do they have to have intent and knowledge to commit that?
[01:06:39.680 --> 01:06:44.520] Or can they just... You do it by mistake, you know what I mean?
[01:06:44.520 --> 01:06:46.880] They are presumed to have knowledge.
[01:06:46.880 --> 01:06:47.880] Yes.
[01:06:47.880 --> 01:06:49.880] No mistake.
[01:06:49.880 --> 01:06:51.960] Okay.
[01:06:51.960 --> 01:06:52.960] I have been reading.
[01:06:52.960 --> 01:06:57.320] I've been trying to understand it.
[01:06:57.320 --> 01:07:00.760] Everything that happens here is in their course of business.
[01:07:00.760 --> 01:07:05.640] They're the ones that chose to contact you, not you them.
[01:07:05.640 --> 01:07:07.120] Okay?
[01:07:07.120 --> 01:07:13.940] They have laws that govern what they do, how they do it, when they do it.
[01:07:13.940 --> 01:07:20.600] If they step outside those laws, you get to hammer them for it.
[01:07:20.600 --> 01:07:22.640] Awesome.
[01:07:22.640 --> 01:07:25.720] Awesome.
[01:07:25.720 --> 01:07:30.800] Every time they step outside, you get to hammer them for it.
[01:07:30.800 --> 01:07:36.600] Because every time they break the law, they damage you.
[01:07:36.600 --> 01:07:40.080] You've been harmed.
[01:07:40.080 --> 01:07:44.200] You're owed something for that.
[01:07:44.200 --> 01:07:45.200] Awesome.
[01:07:45.200 --> 01:07:51.440] Now, on my recording, when I recorded the agent for the state or the state I live in,
[01:07:51.440 --> 01:07:52.960] she worked for the Department of Revenue.
[01:07:52.960 --> 01:07:56.480] She admitted that there was a computer glitch or something happened, but they had made a
[01:07:56.480 --> 01:07:59.720] mistake sending me to the debt collector.
[01:07:59.720 --> 01:08:00.720] Good.
[01:08:00.720 --> 01:08:01.720] Okay.
[01:08:01.720 --> 01:08:04.000] That's what... Yep.
[01:08:04.000 --> 01:08:06.040] Did you request that in writing?
[01:08:06.040 --> 01:08:08.760] No, sir, I did not.
[01:08:08.760 --> 01:08:10.840] You should always do that.
[01:08:10.840 --> 01:08:16.160] Anytime you talk to somebody and they say, hey, well, this, that, or the other, can you
[01:08:16.160 --> 01:08:20.800] put that in writing and send that to me, please?
[01:08:20.800 --> 01:08:24.160] Because I've got these guys trying to cut my head off.
[01:08:24.160 --> 01:08:27.240] I need something I can send them.
[01:08:27.240 --> 01:08:29.760] Can you help me out here?
[01:08:29.760 --> 01:08:34.760] Let me suggest a slight variation.
[01:08:34.760 --> 01:08:36.760] Send them a letter.
[01:08:36.760 --> 01:08:38.760] Damn who?
[01:08:38.760 --> 01:08:41.120] Send whoever you spoke to a letter.
[01:08:41.120 --> 01:08:42.120] The state?
[01:08:42.120 --> 01:08:43.120] Mm-hmm.
[01:08:43.120 --> 01:08:52.000] The state, summarizing your conversation and ask them to confirm, and put in a stamp self-address
[01:08:52.000 --> 01:08:58.560] return envelope and ask them to confirm that this is correct.
[01:08:58.560 --> 01:09:03.360] A lot of times they're not going to want to send something in writing, but if you send
[01:09:03.360 --> 01:09:09.880] something that they can just sign and send back, you're more likely to get it.
[01:09:09.880 --> 01:09:10.880] Agreed.
[01:09:10.880 --> 01:09:11.880] Awesome.
[01:09:11.880 --> 01:09:12.880] Awesome.
[01:09:12.880 --> 01:09:13.880] That's a good idea.
[01:09:13.880 --> 01:09:14.880] Mr. Kilmer, I have another question.
[01:09:14.880 --> 01:09:15.880] It's quick.
[01:09:15.880 --> 01:09:16.880] I've been studying the traffic law of my state, and I've noticed that when it says at the
[01:09:16.880 --> 01:09:17.880] top of the traffic kit, it says traffic citation.
[01:09:17.880 --> 01:09:41.400] But the area I'm from is real, like you say, every place is corrupt, but how can an officer
[01:09:41.400 --> 01:09:51.040] write a, on a traffic citation, like a fence of shoplifting, like if a cop goes to, like,
[01:09:51.040 --> 01:09:56.480] say, a 1-1, right, and picks up a suspect for allegedly shoplifting, takes them to the jail,
[01:09:56.480 --> 01:09:57.480] arrest them.
[01:09:57.480 --> 01:09:58.480] Okay.
[01:09:58.480 --> 01:09:59.480] Okay.
[01:09:59.480 --> 01:10:00.480] That's relatively simple.
[01:10:00.480 --> 01:10:04.960] He can do that because he is a peace officer.
[01:10:04.960 --> 01:10:09.720] In Texas, we have a special police officer.
[01:10:09.720 --> 01:10:13.520] The state police here are traffic cops.
[01:10:13.520 --> 01:10:20.680] They're defined as police officers, and in Texas, a police officer is someone authorized
[01:10:20.680 --> 01:10:23.880] to enforce the traffic laws.
[01:10:23.880 --> 01:10:30.200] Someone authorized to enforce the criminal laws is a peace officer, but in most states,
[01:10:30.200 --> 01:10:38.560] they're one and the same, and in some places in Texas, a peace officer can also act in
[01:10:38.560 --> 01:10:41.840] the capacity of a police officer.
[01:10:41.840 --> 01:10:50.080] In Georgia, I suspect that a peace officer can always enforce the traffic code as well
[01:10:50.080 --> 01:10:53.080] as the criminal codes.
[01:10:53.080 --> 01:10:55.080] That makes total sense, yes.
[01:10:55.080 --> 01:10:56.080] Okay.
[01:10:56.080 --> 01:10:57.080] And another question.
[01:10:57.080 --> 01:11:02.760] In the area that I live in, part of Georgia, when people issue traffic tickets and say
[01:11:02.760 --> 01:11:07.920] the person doesn't want to sign or just doesn't, you know, feel like signing the traffic ticket,
[01:11:07.920 --> 01:11:13.640] the cop will usually put, or T.S. where the signature goes, it says, refuse to sign.
[01:11:13.640 --> 01:11:18.320] Now, if the person refused to sign, it's a promise, the citation is basically a promise
[01:11:18.320 --> 01:11:19.320] to appear.
[01:11:19.320 --> 01:11:25.880] If you don't sign the promise to appear, do you have to appear at the court?
[01:11:25.880 --> 01:11:29.720] That's kind of iffy.
[01:11:29.720 --> 01:11:31.840] You can make a special appearance.
[01:11:31.840 --> 01:11:41.480] Well, if you have been given constructive notice, if the officer told you or the citation
[01:11:41.480 --> 01:11:49.040] said you must appear at this time, at this place on this day, at this time, that even
[01:11:49.040 --> 01:11:57.400] if you don't sign it, you've been given constructive notice, so they can essentially hold you responsible,
[01:11:57.400 --> 01:11:58.400] yes.
[01:11:58.400 --> 01:11:59.400] Okay.
[01:11:59.400 --> 01:12:02.120] That is a reasonable question.
[01:12:02.120 --> 01:12:06.080] You can reasonably, I mean, you can construe that because it is there's a promise to appear.
[01:12:06.080 --> 01:12:07.080] You see what I'm saying?
[01:12:07.080 --> 01:12:08.080] That's not off the wall.
[01:12:08.080 --> 01:12:09.080] Yes.
[01:12:09.080 --> 01:12:16.320] You didn't promise to appear, but the court will construe that as a summons, and that's
[01:12:16.320 --> 01:12:20.960] a lot of tickets are actually say summons on them.
[01:12:20.960 --> 01:12:26.960] And that's a summons, and whether you signed it or not, it had a notice to appear on it.
[01:12:26.960 --> 01:12:33.780] So the signature is going to bring into question, did you actually receive this?
[01:12:33.780 --> 01:12:38.760] So if you don't sign it, then you would have to testify, I never saw this cop before.
[01:12:38.760 --> 01:12:41.080] He never gave me this ticket.
[01:12:41.080 --> 01:12:43.120] I don't know what he's talking about.
[01:12:43.120 --> 01:12:47.080] But most people aren't willing to commit that kind of...
[01:12:47.080 --> 01:12:48.080] Perjury.
[01:12:48.080 --> 01:12:52.160] Yes, perjury to get out of a traffic ticket.
[01:12:52.160 --> 01:12:53.160] Yes.
[01:12:53.160 --> 01:13:01.080] So if it's a summons, how can a police officer who's in the executive branch issue a summons
[01:13:01.080 --> 01:13:04.200] which can only come from the judicial branch?
[01:13:04.200 --> 01:13:08.600] He's a representative of a litigant.
[01:13:08.600 --> 01:13:15.800] The courts allow the litigants to generate the summons.
[01:13:15.800 --> 01:13:22.240] Now when a summons is issued by one of the litigants, in this case, it's the state is
[01:13:22.240 --> 01:13:25.960] the litigant, it's the plaintiff.
[01:13:25.960 --> 01:13:31.520] And you don't appear based on the summons, normally they'd have to go to the judge and
[01:13:31.520 --> 01:13:38.360] ask the judge to issue an order directing you to appear.
[01:13:38.360 --> 01:13:44.680] But since this is criminal in nature, the police officer has been authorized to issue
[01:13:44.680 --> 01:13:50.800] the summons in lieu of taking you to jail.
[01:13:50.800 --> 01:14:01.120] He has the authority to take you to jail, but he also has the discretion to release you
[01:14:01.120 --> 01:14:05.760] on your own recognizance, on a promise to appear.
[01:14:05.760 --> 01:14:08.920] So you don't have to sign that thing.
[01:14:08.920 --> 01:14:14.160] But now the policeman's in a position to where he really should take you to jail or take
[01:14:14.160 --> 01:14:18.080] you to a magistrate.
[01:14:18.080 --> 01:14:21.520] But even then, if it's not serious enough, he can use his discretion.
[01:14:21.520 --> 01:14:26.200] The courts gave him that, the legislature gave him a certain amount of discretion in
[01:14:26.200 --> 01:14:27.200] that regard.
[01:14:27.200 --> 01:14:28.200] All right.
[01:14:28.200 --> 01:14:34.040] Well, I mean, I think I've got a lot to work with here and I have a little bit more understanding
[01:14:34.040 --> 01:14:37.160] of it and thank you all for your help.
[01:14:37.160 --> 01:14:41.640] And I will try to get that receipt from the state and I'll see if I can do that.
[01:14:41.640 --> 01:14:42.640] Okay.
[01:14:42.640 --> 01:14:43.640] Just one word of warning.
[01:14:43.640 --> 01:14:44.640] Yes, sir.
[01:14:44.640 --> 01:14:49.320] Be careful, be careful with this because it can become way too much fun.
[01:14:49.320 --> 01:14:58.160] Yeah, I can tell what this agent and this debt collector, they didn't know necessarily
[01:14:58.160 --> 01:14:59.160] what to say.
[01:14:59.160 --> 01:15:04.480] They just, the only thing they did, the debt collector, they would just get mad.
[01:15:04.480 --> 01:15:06.240] That's what they know how to do.
[01:15:06.240 --> 01:15:09.720] And so you never get mad back and that screws up everything for them.
[01:15:09.720 --> 01:15:10.720] Yes, sir.
[01:15:10.720 --> 01:15:11.720] Thank you all.
[01:15:11.720 --> 01:15:12.720] You all have a great night.
[01:15:12.720 --> 01:15:13.720] Okay.
[01:15:13.720 --> 01:15:14.720] Okay.
[01:15:14.720 --> 01:15:15.720] Thank you.
[01:15:15.720 --> 01:15:16.720] Thank you.
[01:15:16.720 --> 01:15:17.720] Thank you, Eric.
[01:15:17.720 --> 01:15:19.600] Now we're going to Shane in New York.
[01:15:19.600 --> 01:15:20.600] Hello, Shane.
[01:15:20.600 --> 01:15:21.600] Hello, Randy.
[01:15:21.600 --> 01:15:22.600] How are you doing?
[01:15:22.600 --> 01:15:23.600] I'm doing good.
[01:15:23.600 --> 01:15:26.600] Do you want to tell everybody why you're here?
[01:15:26.600 --> 01:15:27.600] Yes, I do.
[01:15:27.600 --> 01:15:32.600] I would like to get a little advice from you.
[01:15:32.600 --> 01:15:42.800] I'm not really sure where to start at, but and all due process was denied and we went
[01:15:42.800 --> 01:15:43.800] through the process.
[01:15:43.800 --> 01:15:44.800] Okay.
[01:15:44.800 --> 01:15:50.320] Kind of bring us up to speed on what the issue is.
[01:15:50.320 --> 01:15:57.240] The issue is it was a commercial foreclosure that started back in July 2014 and they denied
[01:15:57.240 --> 01:15:58.240] all discovery.
[01:15:58.240 --> 01:16:03.240] And I think I heard music in the background.
[01:16:03.240 --> 01:16:04.240] Not yet.
[01:16:04.240 --> 01:16:05.240] Anyways, I'll continue.
[01:16:05.240 --> 01:16:06.240] Okay.
[01:16:06.240 --> 01:16:07.240] I thought it was music.
[01:16:07.240 --> 01:16:09.240] We're close, but not yet.
[01:16:09.240 --> 01:16:10.240] Okay.
[01:16:10.240 --> 01:16:14.840] So they denied all discovery, they denied the hold and do course motion.
[01:16:14.840 --> 01:16:18.440] I learned something new tonight when I talked to you earlier about setting it for hearing.
[01:16:18.440 --> 01:16:24.800] That was my only mistake, but we filed several motions, but they were all denied and the
[01:16:24.800 --> 01:16:29.920] judge said that reason why they're all denied is because it's in the record.
[01:16:29.920 --> 01:16:34.600] And since everything was denied, we filed a federal court action right here in the western
[01:16:34.600 --> 01:16:39.480] district of New York and that's still pending, so I'll wait though.
[01:16:39.480 --> 01:16:40.480] Okay.
[01:16:40.480 --> 01:16:41.480] Hang on.
[01:16:41.480 --> 01:16:42.480] We're about to do the break.
[01:16:42.480 --> 01:16:49.680] Randy Kelton, Steve Skidmore with our radio, a call in number 512-646-1984 and we'll be
[01:16:49.680 --> 01:17:01.040] right back.
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[01:19:24.880 --> 01:19:41.160] Okay, we are back, Randy Kelton, Steve Skidmore, we're on our radio and we're talking to Shane
[01:19:41.160 --> 01:19:42.160] in New York.
[01:19:42.160 --> 01:19:51.160] Okay, Shane, as I understand you have a commercial loan where your mother got the loan, had business.
[01:19:51.160 --> 01:19:57.400] The loan was issued by the owner of the property.
[01:19:57.400 --> 01:20:03.440] So it was essentially a contract and this wasn't a professional lender.
[01:20:03.440 --> 01:20:11.280] And then it is the professional lender who initiated the foreclosure, but you have evidence
[01:20:11.280 --> 01:20:18.560] that the professional lender actually factored the note or sold the right to be paid to someone
[01:20:18.560 --> 01:20:19.560] else.
[01:20:19.560 --> 01:20:21.440] Is that essentially correct?
[01:20:21.440 --> 01:20:22.440] Right.
[01:20:22.440 --> 01:20:27.200] The private lender stated within the state record, the Supreme Court here in New York,
[01:20:27.200 --> 01:20:32.720] that he did lose the note after negotiating and talking with William McCaffrey several
[01:20:32.720 --> 01:20:33.720] times.
[01:20:33.720 --> 01:20:35.920] He came back and said, that's not true.
[01:20:35.920 --> 01:20:42.840] And he said that the note is being held with a Wells Fargo trust.
[01:20:42.840 --> 01:20:47.520] And he also said that the lender, after a due diligence search, that the lender is not
[01:20:47.520 --> 01:20:51.360] a lender as the term lender in the state of New York.
[01:20:51.360 --> 01:20:52.360] Yeah.
[01:20:52.360 --> 01:21:00.080] But if the person who sold the property was the owner of the property, then he didn't
[01:21:00.080 --> 01:21:01.120] have to be a lender.
[01:21:01.120 --> 01:21:04.600] So that won't be an issue.
[01:21:04.600 --> 01:21:07.560] Something doesn't feel right here.
[01:21:07.560 --> 01:21:17.240] A private person does a contract sale and claims to have lost the note.
[01:21:17.240 --> 01:21:25.840] The private seller was the person who received the payments.
[01:21:25.840 --> 01:21:28.200] So they were essentially the servicer.
[01:21:28.200 --> 01:21:29.200] Correct.
[01:21:29.200 --> 01:21:32.520] And here's where the problem comes in.
[01:21:32.520 --> 01:21:43.340] If the private lender had sold the note to another entity, that entity would require
[01:21:43.340 --> 01:21:48.640] servicing rights to go with it.
[01:21:48.640 --> 01:22:00.600] So why would the holder of the security allow a non-licensed servicer to service the note?
[01:22:00.600 --> 01:22:02.480] We don't know that.
[01:22:02.480 --> 01:22:08.080] For me, that was a red flag.
[01:22:08.080 --> 01:22:17.200] Something doesn't feel right here and the notion that the note is actually being held
[01:22:17.200 --> 01:22:21.480] in a Wells Fargo trust, I would be real careful.
[01:22:21.480 --> 01:22:26.840] I'd want to make absolutely certain because this doesn't sound right.
[01:22:26.840 --> 01:22:33.040] If a Wells Fargo trust had it, they're going to want, Steve, who is that services for Wells
[01:22:33.040 --> 01:22:34.040] Fargo?
[01:22:34.040 --> 01:22:35.040] Oh, good Lord.
[01:22:35.040 --> 01:22:48.840] It starts with a C. Anyway, they have their own servicer, so I can't imagine them allowing
[01:22:48.840 --> 01:22:56.960] someone who's not a professional to collect on their note.
[01:22:56.960 --> 01:22:58.960] Does that make sense, Shane?
[01:22:58.960 --> 01:22:59.960] Yes.
[01:22:59.960 --> 01:23:04.680] And I did talk to the vice president's office today before I had that brief discussion with
[01:23:04.680 --> 01:23:07.520] you this evening from five o'clock Eastern time.
[01:23:07.520 --> 01:23:11.760] He said, he's like baffled right now, he has to look into it and he'll get back to me next
[01:23:11.760 --> 01:23:12.760] week sometime.
[01:23:12.760 --> 01:23:17.880] He said, he read the affidavit of William McCaffrey, he looked at the lost note affidavit
[01:23:17.880 --> 01:23:21.840] that was filed in the state court and he has no answers.
[01:23:21.840 --> 01:23:24.840] He says, I've never seen an affidavit before, let me get back to you.
[01:23:24.840 --> 01:23:30.920] So he's drawing red flags too and he says they weren't even a party in the case, in
[01:23:30.920 --> 01:23:31.920] the state case.
[01:23:31.920 --> 01:23:41.000] Wells Fargo was not even involved in the foreclosure proceedings.
[01:23:41.000 --> 01:23:44.080] What is your strategy at this point?
[01:23:44.080 --> 01:23:51.080] Well, we filed the Republicans in federal court under Rule 64.
[01:23:51.080 --> 01:23:57.560] The judge granted their former poppers about a month ago and the marshals are in the process
[01:23:57.560 --> 01:24:03.560] as we speak in serving all parties involved, including the referee, the attorney that represented
[01:24:03.560 --> 01:24:11.560] the five wonder and he took the judge off the lawsuit and said that he can't sue the
[01:24:11.560 --> 01:24:17.720] judge, he has complete judicial immunity and so the good news is he granted the former
[01:24:17.720 --> 01:24:22.160] poppers and all parties would be in service or wait for an answer, but they have not been
[01:24:22.160 --> 01:24:26.240] officially served as of this very second, but during the process of doing it, the marshals
[01:24:26.240 --> 01:24:29.240] have everything.
[01:24:29.240 --> 01:24:40.440] I'm thinking of how would I handle this particular issue with the contract sale and you have
[01:24:40.440 --> 01:24:45.960] reason to believe that another party holds the note.
[01:24:45.960 --> 01:24:53.640] Steve, tell me if you think this would work out, would be a good way to make sure your
[01:24:53.640 --> 01:25:01.840] information is right without making accusations you can't back up that you move to dismiss
[01:25:01.840 --> 01:25:08.800] for failure to join all necessary parties and claim that you have reason to believe
[01:25:08.800 --> 01:25:12.160] that Wells Fargo is a necessary party.
[01:25:12.160 --> 01:25:19.640] Yeah, that would either that would do one of two things that would either get the case
[01:25:19.640 --> 01:25:27.000] dismissed or it would join Wells Fargo and if Wells Fargo really didn't have anything
[01:25:27.000 --> 01:25:32.840] to do with it, they would have to come in and show that or the other party would have
[01:25:32.840 --> 01:25:37.560] to prove that somehow if they don't have the note, they don't have a problem.
[01:25:37.560 --> 01:25:41.680] They can't show that they don't have an interest.
[01:25:41.680 --> 01:25:44.760] You can't you can't prove a negative.
[01:25:44.760 --> 01:25:59.560] What they can do, well, the owners Probandi would go back on the servicer prove your claim.
[01:25:59.560 --> 01:26:09.520] The problem he has is the evidence of claim is that the owner of the property went into
[01:26:09.520 --> 01:26:16.160] a contract purchase agreement, understood, and the owner of the property is the one that's
[01:26:16.160 --> 01:26:17.160] foreclosing.
[01:26:17.160 --> 01:26:27.720] So there's nothing directly to indicate that the note was ever transferred or moved or
[01:26:27.720 --> 01:26:31.640] anything done with it is sold and negotiated.
[01:26:31.640 --> 01:26:38.200] So in order to make the claim, you have to have some evidence and what I haven't seen
[01:26:38.200 --> 01:26:45.040] is the evidence that your examiner has to show that it's.
[01:26:45.040 --> 01:26:53.600] Okay, I'm having a little trouble understanding you know, we're getting some really strange
[01:26:53.600 --> 01:26:54.600] background.
[01:26:54.600 --> 01:26:58.120] Do you have a TV or radio or something going on in the background?
[01:26:58.120 --> 01:26:59.120] Nothing.
[01:26:59.120 --> 01:27:00.120] I don't know where that's coming from.
[01:27:00.120 --> 01:27:01.120] I hear it too.
[01:27:01.120 --> 01:27:06.680] I am in a very quiet area on the phone, so I don't know where that's coming from myself.
[01:27:06.680 --> 01:27:10.120] I have no idea where that's coming from.
[01:27:10.120 --> 01:27:13.520] I think that's the voice in my head.
[01:27:13.520 --> 01:27:15.640] It could be.
[01:27:15.640 --> 01:27:21.040] Tell your alter ego to be quiet for a minute, Randy.
[01:27:21.040 --> 01:27:27.560] I just want to stress the fact that he did lose the note and it's in the record in the
[01:27:27.560 --> 01:27:28.560] state court.
[01:27:28.560 --> 01:27:34.360] And Lord McCaffrey came in at the last minute with this affidavit saying that the note has
[01:27:34.360 --> 01:27:35.360] not been lost.
[01:27:35.360 --> 01:27:39.600] It's being held with Wells Fargo and that's been our beef the whole time that they were
[01:27:39.600 --> 01:27:42.440] never the holder in due course.
[01:27:42.440 --> 01:27:45.800] And so how can you lose a note that then all of a sudden.
[01:27:45.800 --> 01:27:46.800] Yeah.
[01:27:46.800 --> 01:27:48.960] How can you lose something you don't have anymore?
[01:27:48.960 --> 01:27:50.160] Right.
[01:27:50.160 --> 01:27:55.160] So he asked, you know, I'm not sure if that's perjury or not, but you know, it could very
[01:27:55.160 --> 01:27:59.160] well be if Wells Fargo can't produce it.
[01:27:59.160 --> 01:28:00.160] Right.
[01:28:00.160 --> 01:28:01.160] Yeah.
[01:28:01.160 --> 01:28:06.160] So Wells Fargo coming from Lord McCaffrey, Wells Fargo has it.
[01:28:06.160 --> 01:28:08.840] That would go to discovery.
[01:28:08.840 --> 01:28:09.840] Yeah.
[01:28:09.840 --> 01:28:13.720] Well, all discovery was denied in the state court.
[01:28:13.720 --> 01:28:14.720] Really?
[01:28:14.720 --> 01:28:15.720] Yeah.
[01:28:15.720 --> 01:28:16.720] Holder.
[01:28:16.720 --> 01:28:18.160] We asked who the holder in due course denied.
[01:28:18.160 --> 01:28:21.160] We asked for validation.
[01:28:21.160 --> 01:28:23.160] Everything was denied.
[01:28:23.160 --> 01:28:25.800] It was a complete kangaroo court.
[01:28:25.800 --> 01:28:30.560] And we asked why the judges look at the record and that was his answer and how was that?
[01:28:30.560 --> 01:28:33.160] Well, that would be appealable.
[01:28:33.160 --> 01:28:34.160] Yeah.
[01:28:34.160 --> 01:28:35.160] Right.
[01:28:35.160 --> 01:28:41.240] But I just wanted to see what you thought about that, but my thoughts on it or get ready
[01:28:41.240 --> 01:28:42.240] for appeal.
[01:28:42.240 --> 01:28:43.240] Right.
[01:28:43.240 --> 01:28:44.240] Right.
[01:28:44.240 --> 01:28:45.240] Yes.
[01:28:45.240 --> 01:28:46.240] That's what we're doing.
[01:28:46.240 --> 01:28:48.640] In New York, you have nine months to perfect your appeal.
[01:28:48.640 --> 01:28:54.880] So that's those appeals pay for and filed at the end of February.
[01:28:54.880 --> 01:28:59.760] So we have until middle of November to file it in the fourth department in Rochester,
[01:28:59.760 --> 01:29:00.880] New York.
[01:29:00.880 --> 01:29:04.480] Make sure you set whatever record you can.
[01:29:04.480 --> 01:29:05.480] Okay.
[01:29:05.480 --> 01:29:14.800] Didn't you have a motion before the court that the court did not hear?
[01:29:14.800 --> 01:29:25.480] Yeah, we filed a motion to vacate the judgment based on what we're talking about right now.
[01:29:25.480 --> 01:29:26.480] And it was just completely ignored.
[01:29:26.480 --> 01:29:27.480] They went forward with the foreclosure and the auction.
[01:29:27.480 --> 01:29:28.480] And so it was just completely ignored.
[01:29:28.480 --> 01:29:29.480] But after talking to you, I didn't know about the notice of the hearing that we were supposed
[01:29:29.480 --> 01:29:30.480] to be serving.
[01:29:30.480 --> 01:29:31.480] Well, Shane, we're fixing to go to break.
[01:29:31.480 --> 01:29:32.480] Stay tuned.
[01:29:32.480 --> 01:29:33.480] We'll be right back.
[01:29:33.480 --> 01:29:52.840] Don't go away, Shane, 512-646-1984, we're getting close to the end of the show and we've
[01:29:52.840 --> 01:29:57.520] got a full call board, but we'll be right back at these brief messages.
[01:29:57.520 --> 01:30:04.520] You're listening to the rule, aren't you, Ruby?
[01:30:04.520 --> 01:30:31.560] You're listening to the rule, aren't you, Ruby, you're listening to the rule, aren't
[01:30:31.560 --> 01:30:50.800] you, Ruby, you're listening to the rule, aren't you, Ruby, you're listening to the rule,
[01:30:50.800 --> 01:31:18.740] aren't you, Ruby, you're listening to the rule, aren't you, Ruby, you're listening
[01:31:18.740 --> 01:31:31.660] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:31.660 --> 01:31:37.020] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:37.020 --> 01:31:42.460] The government says that fire brought it down, however, 1,500 architects and engineers concluded
[01:31:42.460 --> 01:31:43.900] it was a controlled demolition.
[01:31:43.900 --> 01:31:48.180] Over 6,000 of my fellow service members have given their lives and thousands of my fellow
[01:31:48.180 --> 01:31:49.500] workforce responded to the plane.
[01:31:49.500 --> 01:31:50.860] I'm not a conspiracy theorist.
[01:31:50.860 --> 01:31:51.860] I'm a structural engineer.
[01:31:51.860 --> 01:31:53.340] I'm a New York City correction officer.
[01:31:53.340 --> 01:31:54.340] I'm an Air Force pilot.
[01:31:54.340 --> 01:31:55.980] I'm a father who lost his son.
[01:31:55.980 --> 01:31:58.580] We're Americans, and we deserve the truth.
[01:31:58.580 --> 01:32:01.820] Go to RememberBuilding7.org today.
[01:32:01.820 --> 01:32:05.900] After work, I'm so tired that I want to be left alone to sleep.
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[01:32:44.220 --> 01:32:45.220] Wow.
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[01:32:53.780 --> 01:32:54.780] Microplantpowder.com.
[01:32:54.780 --> 01:32:55.780] You are listening to the Logos Radio Network, logosradionetwork.com.
[01:32:55.780 --> 01:33:25.580] I see two, I see two, the other guy, the other guy, the other guy, I see two, I see two,
[01:33:25.580 --> 01:33:49.300] the other guy, the other guy, the other guy, I see two, I see two, the other guy, the other
[01:33:49.300 --> 01:33:50.300] guy, I see two.
[01:33:50.300 --> 01:33:51.300] Welcome back to Rural Law Radio, folks.
[01:33:51.300 --> 01:33:52.300] We're coming close to the end of the show.
[01:33:52.300 --> 01:34:06.540] Shane, Robin, Jeff, and Jason, Shane, about the only thing that I can tell you to do is
[01:34:06.540 --> 01:34:09.380] to get ready for appeal, and it sounds like you already are.
[01:34:09.380 --> 01:34:17.860] So set what record you can set, attempt, make, is there a court reporter?
[01:34:17.860 --> 01:34:18.860] Yes.
[01:34:18.860 --> 01:34:19.860] Yes.
[01:34:19.860 --> 01:34:20.860] Okay, good.
[01:34:20.860 --> 01:34:30.860] Have you objected, have you made objections to the court's refusal to enter evidence and
[01:34:30.860 --> 01:34:31.860] go to discovery?
[01:34:31.860 --> 01:34:32.860] Yes, we did.
[01:34:32.860 --> 01:34:37.060] And it's all filed in the docket, and they just ignored everything, all the straight
[01:34:37.060 --> 01:34:38.060] throughs.
[01:34:38.060 --> 01:34:40.500] Like I said, it was a kangaroo court, it was incredible.
[01:34:40.500 --> 01:34:45.300] It was so bad that- Okay, have you made a point of this on record?
[01:34:45.300 --> 01:34:48.860] Yes, it's right on the docket, yes, we did.
[01:34:48.860 --> 01:34:49.860] Good.
[01:34:49.860 --> 01:34:51.820] And you have set your record for appeal.
[01:34:51.820 --> 01:34:52.820] Perfect.
[01:34:52.820 --> 01:34:57.220] The fourth thing I want to tell you, too, is Randy, is Randy still there, right?
[01:34:57.220 --> 01:34:58.220] Yeah, he's there.
[01:34:58.220 --> 01:34:59.220] Yeah, I'm here.
[01:34:59.220 --> 01:35:02.380] He mutes his mic because it's got hum.
[01:35:02.380 --> 01:35:03.380] Okay.
[01:35:03.380 --> 01:35:10.180] We filed a notice to give it to the sheriff's department and serve the referee on all the
[01:35:10.180 --> 01:35:15.780] issues that have not been resolved about the Holder and Duke courts and several other issues.
[01:35:15.780 --> 01:35:20.060] I can't remember everything, but it was a very nice document put together.
[01:35:20.060 --> 01:35:23.260] We gave it to the sheriffs, and they served the referee.
[01:35:23.260 --> 01:35:30.860] And we also served the clerk of the court right here in Erie County, which is a little
[01:35:30.860 --> 01:35:34.020] Buffalo area, kind of a dying area.
[01:35:34.020 --> 01:35:37.340] But we served everybody before this even took place.
[01:35:37.340 --> 01:35:40.780] We served them back in December 2014.
[01:35:40.780 --> 01:35:45.580] And I went to the auction with my mom, and the attorney came up to me and says, you see
[01:35:45.580 --> 01:35:46.580] one word.
[01:35:46.580 --> 01:35:49.860] I'm going to have you escorted out with the police here.
[01:35:49.860 --> 01:35:54.900] You see one word, don't hand in any of your paperwork, don't hand in any of your notices
[01:35:54.900 --> 01:35:56.580] out or nothing.
[01:35:56.580 --> 01:35:57.740] And so I, of course, I ignored them.
[01:35:57.740 --> 01:36:01.340] I started handing out the notices about the issues that we have.
[01:36:01.340 --> 01:36:06.420] And then after we had the last premise filed against the property, we had a federal suit.
[01:36:06.420 --> 01:36:11.140] And I tried to have him escorted out, and luckily the state police that were in there
[01:36:11.140 --> 01:36:12.140] said, no, he's fine.
[01:36:12.140 --> 01:36:14.860] He didn't, he's allowed to do that.
[01:36:14.860 --> 01:36:17.500] But the attorney is-
[01:36:17.500 --> 01:36:19.260] Did you barguise the attorney?
[01:36:19.260 --> 01:36:20.260] Oh, absolutely.
[01:36:20.260 --> 01:36:21.260] Yes.
[01:36:21.260 --> 01:36:22.260] Oh, good.
[01:36:22.260 --> 01:36:29.900] And we just ran a new one about a week ago after he threatened my mother and he threatened
[01:36:29.900 --> 01:36:35.180] me that he would take me out in the back and have a-
[01:36:35.180 --> 01:36:38.620] Have you filed a temporary restraining order against him?
[01:36:38.620 --> 01:36:39.620] No.
[01:36:39.620 --> 01:36:41.620] If he's threatened you-
[01:36:41.620 --> 01:36:42.620] Yeah.
[01:36:42.620 --> 01:36:46.420] Do you smell what I'm stepping in?
[01:36:46.420 --> 01:36:48.460] Go ahead.
[01:36:48.460 --> 01:36:52.780] Get him dismissed from the case.
[01:36:52.780 --> 01:36:54.780] It's gotten personal.
[01:36:54.780 --> 01:36:56.340] Okay.
[01:36:56.340 --> 01:37:03.180] And so, you know, we're doing everything we can, taking everything we've learned, and
[01:37:03.180 --> 01:37:07.220] we've got that federal action going on, but I was real happy to see that the federal judge
[01:37:07.220 --> 01:37:12.940] granted the informed properties issue, and the marshals, like I said, are in the process
[01:37:12.940 --> 01:37:13.940] of serving him.
[01:37:13.940 --> 01:37:18.620] So we got a little hope in the federal court, and we still have, we're down to seven months
[01:37:18.620 --> 01:37:26.300] now to file the other appeal here in Rochester, New York, which is at the state level.
[01:37:26.300 --> 01:37:32.260] But I do want to tell you one more thing, too, is William McCaffrey that did the affidavit
[01:37:32.260 --> 01:37:39.220] that his findings, that he came back, and he said that he's going to do a more detailed,
[01:37:39.220 --> 01:37:44.780] a supplement affidavit on more details of who bought the note, where it went to, dates,
[01:37:44.780 --> 01:37:45.780] times, and all that.
[01:37:45.780 --> 01:37:49.660] So we're looking forward to getting that pretty soon.
[01:37:49.660 --> 01:37:51.340] Good.
[01:37:51.340 --> 01:37:57.900] That's what you're going to need to- that will cover that red flag that I picked up.
[01:37:57.900 --> 01:37:59.740] And I know who Bill McCaffrey is.
[01:37:59.740 --> 01:38:00.740] He's confident.
[01:38:00.740 --> 01:38:01.740] Yeah.
[01:38:01.740 --> 01:38:06.340] And I wanted to see what Randy thought about the affidavit, if you haven't gotten to it,
[01:38:06.340 --> 01:38:09.860] I can always check back with you, but I want to see what your thoughts were on that.
[01:38:09.860 --> 01:38:13.940] I got it, but I didn't get it until after the show had started, so I didn't have time
[01:38:13.940 --> 01:38:16.100] to go through it.
[01:38:16.100 --> 01:38:20.740] But William McCaffrey said you have one hell of a case here.
[01:38:20.740 --> 01:38:23.620] He's never seen such a huge mess before.
[01:38:23.620 --> 01:38:30.060] So that's, you know, something to look forward to.
[01:38:30.060 --> 01:38:32.500] But I wanted to see what you thought about that.
[01:38:32.500 --> 01:38:37.300] But we're looking at probably $300,000 in equity we're losing right now.
[01:38:37.300 --> 01:38:38.300] Okay.
[01:38:38.300 --> 01:38:43.180] Well, I will look at that tomorrow or sometime.
[01:38:43.180 --> 01:38:47.300] So call in next week and I'll be up to speed.
[01:38:47.300 --> 01:38:48.300] Okay.
[01:38:48.300 --> 01:38:49.300] Very good.
[01:38:49.300 --> 01:38:50.300] Yeah.
[01:38:50.300 --> 01:38:53.020] I just want to let you know that the property sold for half price.
[01:38:53.020 --> 01:38:56.180] So the one that bought it was a happy camper.
[01:38:56.180 --> 01:38:57.180] Wow.
[01:38:57.180 --> 01:39:03.660] It was a price of $6.85 and it sold for like $3.25.
[01:39:03.660 --> 01:39:11.100] So then you're saying that somebody else stepped into your lawsuit?
[01:39:11.100 --> 01:39:12.100] I know.
[01:39:12.100 --> 01:39:13.100] I never even thought about that.
[01:39:13.100 --> 01:39:14.100] Yeah, they have.
[01:39:14.100 --> 01:39:15.100] No.
[01:39:15.100 --> 01:39:19.100] They are now a defendant or should be.
[01:39:19.100 --> 01:39:20.100] We gave numbers.
[01:39:20.100 --> 01:39:22.100] I mean, I didn't know they could sell.
[01:39:22.100 --> 01:39:23.100] We had a West Palace file.
[01:39:23.100 --> 01:39:24.100] We had a federal suit filed.
[01:39:24.100 --> 01:39:27.380] They made this much more than sold, I don't know.
[01:39:27.380 --> 01:39:34.500] If it was my case, I would amend and add them as a defendant.
[01:39:34.500 --> 01:39:35.980] Okay.
[01:39:35.980 --> 01:39:44.340] And there's a good chance that will not make them happy with the one who sold it to them.
[01:39:44.340 --> 01:39:49.100] But just so you know, as of today, the taxes are still in my mother's name because I called
[01:39:49.100 --> 01:39:54.060] the assessor's office and allegedly they closed two weeks ago, but the taxes are still in
[01:39:54.060 --> 01:39:55.060] my mother's name still.
[01:39:55.060 --> 01:39:59.780] So I'm not sure if that's a big issue or not, but I thought that was...
[01:39:59.780 --> 01:40:00.780] No.
[01:40:00.780 --> 01:40:04.500] They've got different amounts of time for each state.
[01:40:04.500 --> 01:40:09.340] Texas, they've got 21 days.
[01:40:09.340 --> 01:40:13.940] Their claim is perfected for 21 days.
[01:40:13.940 --> 01:40:20.020] So if they get filed within that 21 days, they're in good shape.
[01:40:20.020 --> 01:40:26.980] And one more quickie, we did a UCC 11 search on my mom's name and it came back and she
[01:40:26.980 --> 01:40:32.500] had no liens or no financial obligations recorded at the Department of State.
[01:40:32.500 --> 01:40:39.660] I'm not really sure if that means anything to mortgages or not, but in the mortgage commercial
[01:40:39.660 --> 01:40:45.380] law, 190 in the state of New York states that you're supposed to have those recorded in
[01:40:45.380 --> 01:40:46.380] the Department of State.
[01:40:46.380 --> 01:40:49.080] But on the other hand, it's a private loan.
[01:40:49.080 --> 01:40:51.180] So that's where we cross the line.
[01:40:51.180 --> 01:40:54.980] I'm not really sure if this is kind of an issue.
[01:40:54.980 --> 01:40:58.340] I don't know how that works between banks and private loans.
[01:40:58.340 --> 01:41:01.020] So I'm not really sure if it's a requirement or not, Randy.
[01:41:01.020 --> 01:41:04.140] It's not so private if Wells Fargo holds a note.
[01:41:04.140 --> 01:41:09.740] Yeah, Wells Fargo does have a note coming from William McCaffrey.
[01:41:09.740 --> 01:41:13.940] That would have definitely brought it out of the private status, but I haven't looked
[01:41:13.940 --> 01:41:17.880] at all of the documentation filed in the public record either.
[01:41:17.880 --> 01:41:22.260] What you sent me was only the mortgage.
[01:41:22.260 --> 01:41:28.460] Were there any other filings in the public record other than the mortgage document between
[01:41:28.460 --> 01:41:34.980] the time your mother received a warranty deed and today?
[01:41:34.980 --> 01:41:40.700] What I did is I was after the show, you were already into the show when I scanned it.
[01:41:40.700 --> 01:41:44.980] They rescanned, I'm sorry, I scanned it and I emailed it to you, but they re-recorded
[01:41:44.980 --> 01:41:48.420] the mortgage in June of 2014.
[01:41:48.420 --> 01:41:51.380] They re-recorded everything all over again.
[01:41:51.380 --> 01:41:52.380] Okay.
[01:41:52.380 --> 01:42:00.020] Now, you need to go to the clerk and ask the clerk to run a search on this property and
[01:42:00.020 --> 01:42:07.100] get a copy of that search because if the clerk can't find it, it's unreasonable to think
[01:42:07.100 --> 01:42:12.820] that you would be able to find it and if you can't find it, then it's not properly filed.
[01:42:12.820 --> 01:42:19.620] So see what the clerk says has been filed in this case.
[01:42:19.620 --> 01:42:22.100] That's where all the claims come from.
[01:42:22.100 --> 01:42:26.780] If they don't have it properly filed in the record, they don't hold the claim or they
[01:42:26.780 --> 01:42:29.420] may hold it, but they can't adjudicate the claim.
[01:42:29.420 --> 01:42:30.420] Yeah.
[01:42:30.420 --> 01:42:34.660] The only thing I think that's... I'll verify this this week, but I think the only thing
[01:42:34.660 --> 01:42:37.580] they have recorded is the mortgage and that's it.
[01:42:37.580 --> 01:42:38.580] Okay.
[01:42:38.580 --> 01:42:39.580] Well, get that done.
[01:42:39.580 --> 01:42:43.740] We're about to run out of time, call in next week and we'll have all the information and
[01:42:43.740 --> 01:42:44.740] we'll address this again.
[01:42:44.740 --> 01:42:45.740] All right.
[01:42:45.740 --> 01:42:46.740] Thanks a lot, guys.
[01:42:46.740 --> 01:42:47.740] Have a great night.
[01:42:47.740 --> 01:42:48.740] It was nice talking to you.
[01:42:48.740 --> 01:42:49.740] Okay.
[01:42:49.740 --> 01:42:50.740] Thank you, Shane.
[01:42:50.740 --> 01:42:51.740] Okay.
[01:42:51.740 --> 01:42:54.820] Now, we're going to go to Jeff Sedgwick for a moment.
[01:42:54.820 --> 01:42:56.300] Hello, Mr. Jeff.
[01:42:56.300 --> 01:42:58.860] How are you doing there, guy?
[01:42:58.860 --> 01:43:00.940] I am doing good.
[01:43:00.940 --> 01:43:03.420] I got the chump here with me this time.
[01:43:03.420 --> 01:43:04.420] Yeah, I heard that.
[01:43:04.420 --> 01:43:14.540] I have some corrections for him, but deal with the chap in Georgia, as a stand... if
[01:43:14.540 --> 01:43:21.820] everything that he has said is true and accurate, right now he has two causes of action, one
[01:43:21.820 --> 01:43:25.860] under 1692E and the other under 1692E2.
[01:43:25.860 --> 01:43:35.460] Paul's deceptive and misleading representation is E, E2 is misrepresenting the character amount
[01:43:35.460 --> 01:43:40.460] and the legal status of the alleged death.
[01:43:40.460 --> 01:43:41.460] Very good.
[01:43:41.460 --> 01:43:42.460] Yeah.
[01:43:42.460 --> 01:43:43.460] Okay.
[01:43:43.460 --> 01:43:44.460] Now, he also-
[01:43:44.460 --> 01:43:45.460] Hold on.
[01:43:45.460 --> 01:43:47.460] We're about to go to break.
[01:43:47.460 --> 01:43:50.460] Randy Kelton, Steve Skidmore, Rue Rao Radio.
[01:43:50.460 --> 01:43:56.660] Now, we're not even going to give the call that we're going to break up the promise.
[01:43:56.660 --> 01:44:00.340] We'll be right back.
[01:44:00.340 --> 01:44:03.740] You feel tired when talking about important topics like money and politics?
[01:44:03.740 --> 01:44:04.740] Sorry.
[01:44:04.740 --> 01:44:07.660] Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.660 --> 01:44:08.660] What?
[01:44:08.660 --> 01:44:12.460] If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.460 --> 01:44:18.020] Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity
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[01:44:23.220 --> 01:44:25.220] in America, the television.
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[01:44:43.900 --> 01:44:51.140] anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them
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[01:44:58.140 --> 01:45:00.140] and an overall increase in mental functioning.
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[01:46:15.620 --> 01:46:33.820] Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and Jeff, before we go
[01:46:33.820 --> 01:46:39.380] back to you, Steve has an announcement.
[01:46:39.380 --> 01:46:40.380] I do.
[01:46:40.380 --> 01:46:46.220] As our regular listeners would know, I've been kind of sketchy here lately.
[01:46:46.220 --> 01:46:55.940] Work has kept me from the air, and I am now embarking on a new chapter of life back into
[01:46:55.940 --> 01:47:05.220] the foreclosure defense business and working with some very talented people, very talented
[01:47:05.220 --> 01:47:10.300] people that have unleashed an opportunity.
[01:47:10.300 --> 01:47:16.260] A year soon, I'll be moving to San Antonio, and this new venture is going to demand even
[01:47:16.260 --> 01:47:25.060] more of my time, so I just cannot continue to do the radio show any longer, but I would
[01:47:25.060 --> 01:47:31.260] like to take this opportunity to thank everybody for lending an ear.
[01:47:31.260 --> 01:47:35.340] I hope that in the couple of years that I've been on the radio that somebody has learned
[01:47:35.340 --> 01:47:38.380] something from me.
[01:47:38.380 --> 01:47:47.220] I would also like to think that all that I've been through has not been for nothing.
[01:47:47.220 --> 01:47:56.540] I've been fighting banks now for seven-plus years, and I've gained a lot of knowledge
[01:47:56.540 --> 01:48:04.060] in those seven years, and it has been an absolute pleasure and an honor to impart what knowledge
[01:48:04.060 --> 01:48:10.700] I have gained to you, the listeners, and I thank you all very much.
[01:48:10.700 --> 01:48:18.860] I hate to see you go, it's really hard to find someone who has a good radio presence.
[01:48:18.860 --> 01:48:24.300] I envy you that full-bodied metal voice that you have.
[01:48:24.300 --> 01:48:30.300] Well, I've been told since I was in high school when my voice broke that I had a voice for
[01:48:30.300 --> 01:48:31.300] radio.
[01:48:31.300 --> 01:48:34.220] Well, I thought that I would put it to use.
[01:48:34.220 --> 01:48:40.860] I was told by Pastor Massage specifically that I had a face made for radio.
[01:48:40.860 --> 01:48:45.140] And I agree, I've seen you.
[01:48:45.140 --> 01:48:48.900] Okay, let's go back to Jeff.
[01:48:48.900 --> 01:48:50.900] Hello, Jeff.
[01:48:50.900 --> 01:48:58.300] Hello, thank you very much, Steve, I appreciate it, the humor that is.
[01:48:58.300 --> 01:49:00.420] Thank you, sir.
[01:49:00.420 --> 01:49:05.100] I, for one, will miss that baritone voice.
[01:49:05.100 --> 01:49:12.420] Well, there may be an occasion that I might be able to do a guest appearance, we'll work
[01:49:12.420 --> 01:49:15.420] on that in the future.
[01:49:15.420 --> 01:49:16.420] Okay.
[01:49:16.420 --> 01:49:26.140] Now, to return to our friend in Georgia, I have every reason to believe that he will
[01:49:26.140 --> 01:49:31.820] also have a third claim under 1692 G.B.
[01:49:31.820 --> 01:49:40.140] And this is, Steve, this is the kind of mistake that even attorneys make.
[01:49:40.140 --> 01:49:48.900] If you send a dispute and demand letter to the debt collector, he has, there is no obligation
[01:49:48.900 --> 01:49:52.300] whatsoever for him to respond.
[01:49:52.300 --> 01:49:53.300] Okay.
[01:49:53.300 --> 01:50:03.540] However, as under 1692 G.B., a collector must cease collection efforts until the debt is
[01:50:03.540 --> 01:50:04.540] validated.
[01:50:04.540 --> 01:50:05.540] Correct.
[01:50:05.540 --> 01:50:06.540] Okay.
[01:50:06.540 --> 01:50:18.780] The typical thing is, and we've even heard FTCPA attorneys make that kind of statement,
[01:50:18.780 --> 01:50:21.860] well, they have 30 days for us to respond.
[01:50:21.860 --> 01:50:24.700] Yeah, and you know it's better than that.
[01:50:24.700 --> 01:50:30.380] If the consumer notifies the debt collector in writing within the 30-day period described
[01:50:30.380 --> 01:50:42.940] in subsection A of this section that the debt or any portion thereof is disputed, or that
[01:50:42.940 --> 01:50:48.660] the consumer requests the name and address of the original creditor, the debt collector
[01:50:48.660 --> 01:50:56.360] shall cease collection of the debt or any disputed portion thereof until the debt collector
[01:50:56.360 --> 01:51:04.220] obtains verification of the debt or a copy of a judgment or the name and address of the
[01:51:04.220 --> 01:51:11.100] original creditor and a copy of such verification or judgment or name and address of the original
[01:51:11.100 --> 01:51:16.460] creditor is mailed to the customer by the debt collector.
[01:51:16.460 --> 01:51:23.620] All right, now I'm looking forward to see if I can find it quickly.
[01:51:23.620 --> 01:51:28.420] There is a particular case, there it is right there.
[01:51:28.420 --> 01:51:35.020] If you want to know what validation looks like, I suggest you do a Google search for
[01:51:35.020 --> 01:51:44.660] a dad, H-A-D-D-A-D, versus Alexander, and within the context of that judicial order,
[01:51:44.660 --> 01:51:52.060] you'll find out what's required in order to validate the debt, and I can't remember
[01:51:52.060 --> 01:51:53.060] what it was.
[01:51:53.060 --> 01:52:00.780] I think that was out of the 10th Circuit, however, the dad decision in so far as what
[01:52:00.780 --> 01:52:13.140] it takes to validate the debt has been accepted by the Eastern District of Texas, thanks to
[01:52:13.140 --> 01:52:24.260] Dave in Dallas, and I think that's it.
[01:52:24.260 --> 01:52:27.260] With that, I will say good night and let you get on to your next call.
[01:52:27.260 --> 01:52:33.060] Good night, Jeff, and thank you for calling.
[01:52:33.060 --> 01:52:34.060] Good information.
[01:52:34.060 --> 01:52:38.260] Okay, now we're going to go to Robin in Florida.
[01:52:38.260 --> 01:52:43.340] Hello, Robin, I'm sorry to hold you so long, and we've only got six minutes left.
[01:52:43.340 --> 01:52:45.340] What do you have for us tonight?
[01:52:45.340 --> 01:52:46.340] Good evening, guys.
[01:52:46.340 --> 01:52:49.340] The question I have is, of course, mortgage-related, foreclosure-related.
[01:52:49.340 --> 01:53:00.900] I did your Mears, you know, the Mears request for power of attorney is there was an assignment
[01:53:00.900 --> 01:53:05.740] of mortgage on my primary residence.
[01:53:05.740 --> 01:53:08.700] They never responded.
[01:53:08.700 --> 01:53:16.340] The notary sent me a notary ledger, so they responded, but the whole issue why I did that
[01:53:16.340 --> 01:53:22.620] is because the assignment of mortgage was from a defunct entity, you know, via Mears.
[01:53:22.620 --> 01:53:29.580] This is filed, you know, a public- What is the name of the entity, defunct?
[01:53:29.580 --> 01:53:32.220] Flick Mortgage Corp.
[01:53:32.220 --> 01:53:35.940] When did they go out of business?
[01:53:35.940 --> 01:53:38.940] December 31st, 2009.
[01:53:38.940 --> 01:53:41.780] 2009.
[01:53:41.780 --> 01:53:44.820] And is there a transfer from them to someone else?
[01:53:44.820 --> 01:53:49.020] No, there is no assignment of mortgage or anything.
[01:53:49.020 --> 01:53:50.020] Oh, dear.
[01:53:50.020 --> 01:53:51.020] Public record.
[01:53:51.020 --> 01:53:54.020] Nemo-deck-quod non-habet.
[01:53:54.020 --> 01:53:56.820] How can a dead guy assign anything?
[01:53:56.820 --> 01:53:57.820] Correct.
[01:53:57.820 --> 01:54:05.580] Also- That's a discovered question, by the way.
[01:54:05.580 --> 01:54:08.580] Oh, they can't.
[01:54:08.580 --> 01:54:11.380] There you go.
[01:54:11.380 --> 01:54:19.020] So another question I have, I sort of need the answer to that, but they, in the foreclosure
[01:54:19.020 --> 01:54:24.820] in this particular property in my house, they filed a petition to withdraw the lost note
[01:54:24.820 --> 01:54:25.820] count.
[01:54:25.820 --> 01:54:26.820] Who's they?
[01:54:26.820 --> 01:54:27.820] The IndyMac bank.
[01:54:27.820 --> 01:54:28.820] IndyMac isn't even in business anymore either.
[01:54:28.820 --> 01:54:29.820] Yeah.
[01:54:29.820 --> 01:54:30.820] Well, this has been going on like six, seven years now.
[01:54:30.820 --> 01:54:31.820] So this was back in the day.
[01:54:31.820 --> 01:54:32.820] 2009, I think.
[01:54:32.820 --> 01:54:33.820] But IndyMac is defunct.
[01:54:33.820 --> 01:54:34.820] Yeah.
[01:54:34.820 --> 01:54:35.820] Have they sold the property?
[01:54:35.820 --> 01:54:36.820] Is this a pre-foreclosure or post?
[01:54:36.820 --> 01:54:37.820] This is- I have a sale date coming up at the 13th, so I don't- I can't get into all the
[01:54:37.820 --> 01:54:38.820] details.
[01:54:38.820 --> 01:54:39.820] I don't know.
[01:54:39.820 --> 01:54:40.820] I don't know.
[01:54:40.820 --> 01:54:41.820] I don't know.
[01:54:41.820 --> 01:54:42.820] I don't know.
[01:54:42.820 --> 01:54:43.820] I don't know.
[01:54:43.820 --> 01:54:44.820] I don't know.
[01:54:44.820 --> 01:54:45.820] I don't know.
[01:54:45.820 --> 01:54:46.820] I don't know.
[01:54:46.820 --> 01:54:47.820] I don't know.
[01:54:47.820 --> 01:54:48.820] I don't know.
[01:54:48.820 --> 01:54:57.820] I don't know.
[01:54:57.820 --> 01:54:58.820] Okay.
[01:54:58.820 --> 01:55:03.820] When did you make your last payment?
[01:55:03.820 --> 01:55:06.820] August 08.
[01:55:06.820 --> 01:55:12.820] Check your state statutes for statute and limitations on foreclosure.
[01:55:12.820 --> 01:55:17.820] Most states provide a four to five year time period
[01:55:18.100 --> 01:55:21.780] in which an entity can foreclose on a property.
[01:55:21.780 --> 01:55:23.860] If they're outside that property,
[01:55:23.860 --> 01:55:25.640] you have an affirmative defense.
[01:55:26.940 --> 01:55:30.300] Okay, I believe it's five in Florida.
[01:55:30.300 --> 01:55:32.900] I filed a couple of bankruptcies with my wife, myself,
[01:55:32.900 --> 01:55:34.740] just to hold them off.
[01:55:34.740 --> 01:55:37.820] I don't know if that told it or not.
[01:55:37.820 --> 01:55:40.700] May have if it's pre-foreclosure.
[01:55:40.700 --> 01:55:45.700] I mean, it was post-petition, but before the foreclosure.
[01:55:45.780 --> 01:55:47.340] Hold on, hold on.
[01:55:47.340 --> 01:55:49.620] When you filed the bankruptcy,
[01:55:49.620 --> 01:55:52.540] did you get a restraining order against the bank?
[01:55:55.460 --> 01:55:59.340] I didn't petition a restraining order.
[01:55:59.340 --> 01:56:01.780] I didn't get anything, I just handed it
[01:56:01.780 --> 01:56:04.540] to the attorney in court, did you hear me?
[01:56:04.540 --> 01:56:08.860] Well, did the court order a stay?
[01:56:08.860 --> 01:56:09.740] Oh, wait a minute, hold on.
[01:56:09.740 --> 01:56:11.940] This is 2008?
[01:56:11.940 --> 01:56:13.260] Nine.
[01:56:13.260 --> 01:56:14.460] Okay, 2009.
[01:56:14.460 --> 01:56:18.340] 2011 that I filed the bankruptcy.
[01:56:19.220 --> 01:56:21.300] Two and a half years post-petition.
[01:56:21.300 --> 01:56:26.300] Okay, all the bankruptcy will do is stay the clock
[01:56:26.620 --> 01:56:31.620] for the time that the bank was ordered,
[01:56:32.180 --> 01:56:35.220] that the court instituted a stay.
[01:56:35.220 --> 01:56:37.540] What is the disposition of your bankruptcy?
[01:56:37.540 --> 01:56:40.980] This is dismissed.
[01:56:40.980 --> 01:56:41.820] Okay.
[01:56:41.820 --> 01:56:44.420] So I still have it in my back pocket.
[01:56:44.420 --> 01:56:48.220] During that period, was there an automatic stay filed
[01:56:48.220 --> 01:56:49.420] with the bank?
[01:56:49.420 --> 01:56:50.260] There always is.
[01:56:52.100 --> 01:56:53.020] Yeah, I mean.
[01:56:54.940 --> 01:56:59.940] Just whatever time the bank was restrained by the court,
[01:57:00.580 --> 01:57:03.060] you take that time out of your account.
[01:57:03.060 --> 01:57:03.900] Mm-hmm.
[01:57:03.900 --> 01:57:04.900] Okay, okay.
[01:57:04.900 --> 01:57:09.900] Yeah, so then it was dismissed like six weeks later,
[01:57:10.660 --> 01:57:12.500] and then they just put it on the back burner
[01:57:12.500 --> 01:57:13.340] and forgot about it.
[01:57:13.340 --> 01:57:14.900] They did, I guess.
[01:57:14.900 --> 01:57:16.620] Okay, then you're probably okay.
[01:57:16.620 --> 01:57:18.700] You've probably got enough.
[01:57:18.700 --> 01:57:21.140] Yeah, my other question is,
[01:57:23.540 --> 01:57:25.180] what's the best way to get this?
[01:57:25.180 --> 01:57:26.980] Because as far as I see it,
[01:57:27.820 --> 01:57:30.380] the court doesn't have subject matter jurisdiction
[01:57:31.300 --> 01:57:32.500] based on this.
[01:57:32.500 --> 01:57:33.420] That's correct.
[01:57:33.420 --> 01:57:35.580] I've found, you're in Florida,
[01:57:35.580 --> 01:57:37.940] but I've found case law here in Texas,
[01:57:37.940 --> 01:57:40.260] and plenty of it, which would lead me to believe
[01:57:40.260 --> 01:57:45.260] you'll find at least some case law in Florida
[01:57:45.380 --> 01:57:47.500] regarding statute of limitations.
[01:57:47.500 --> 01:57:50.740] Once the statute of limitations has passed,
[01:57:50.740 --> 01:57:53.620] there is no longer a cause of action.
[01:57:53.620 --> 01:57:56.540] The cause of action itself expires.
[01:57:56.540 --> 01:57:58.780] So if there's no cause before the court,
[01:57:58.780 --> 01:58:00.780] what jurisdiction does the court have?
[01:58:00.780 --> 01:58:05.780] The plaintiff is unable to bring a controversy to the court.
[01:58:06.980 --> 01:58:09.900] Correct, the elect's capacity.
[01:58:09.900 --> 01:58:13.580] Therefore, the plaintiff is unable to invoke
[01:58:13.580 --> 01:58:15.940] the subject matter jurisdiction of the court.
[01:58:17.060 --> 01:58:18.180] Agreed.
[01:58:18.180 --> 01:58:20.100] Question, Randy, can I contact you?
[01:58:20.100 --> 01:58:21.500] You got 30 seconds.
[01:58:23.660 --> 01:58:25.460] I would like to get you.
[01:58:25.460 --> 01:58:27.340] Wait, wait, just send me an email.
[01:58:27.340 --> 01:58:28.460] We're out of time.
[01:58:28.460 --> 01:58:32.060] Randy at ruleoflawradio.com.
[01:58:32.060 --> 01:58:32.900] Cool, I will do that.
[01:58:32.900 --> 01:58:34.580] Thank you, guys.
[01:58:34.580 --> 01:58:36.420] Thank you, Robin.
[01:58:36.420 --> 01:58:38.060] Steve, I hate to see you go,
[01:58:38.940 --> 01:58:40.700] but we're out of time.
[01:58:40.700 --> 01:58:41.620] You gotta go.
[01:58:41.620 --> 01:58:42.900] Gotta do it.
[01:58:42.900 --> 01:58:43.740] Thanks, folks.
[01:58:43.740 --> 01:58:45.100] I appreciate it all the time.
[01:58:46.100 --> 01:58:47.100] Good night.
[01:58:47.100 --> 01:58:47.940] Good night.
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[01:58:59.420 --> 01:59:01.580] has over 9,000 footnotes
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